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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (2,500,000 won of fine) against the Defendant as to the summary of the grounds for appeal is too unhued and unreasonable.
2. In light of the fact that the crime of this case was committed by the defendant loaded one type of fishing gear "legal net" without permission for the purpose of opening fishery in B, which is a fishing vessel, and such act requires strict regulation for the protection of fishery resources and the efficient management of fishery resources, and that the defendant committed the crime of this case again despite the fact that there was a history of punishment for violating the fishery resources-related Acts and subordinate statutes several times, it is necessary to strictly punish the defendant. However, the defendant is against the defendant's confession of the crime of this case, and the defendant appears to have removed the "legal net" from B after the defendant was discovered, and the defendant's health is not good, such as being suffering from acute core landscape, and other various circumstances that form the conditions for sentencing in this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the prosecutor's above assertion of unfair sentencing by the court below is not justified.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.