The prosecutor's appeal is dismissed.

1. The sentence (700,000 won) declared by the court below on the gist of the grounds of appeal is deemed to be too uneasible and unfair.

2. The determination of sentencing is a discretionary determination based on the statutory penalty that takes into account the factors on the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope, and there is a unique area for the first deliberation of sentencing in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The area of the instant non-licensed fishery business and facilities are not small, and the fact that the period of the instant crime is somewhat long-term is unfavorable to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and appeared to reflect the attitude, installed the Kim Farming Facilities in excess of the permitted area, and the defendant did not have the same criminal record, and seems to have not high economic income from the crime of this case, etc. are favorable to the defendant.

In light of the following: (a) there was no change in the conditions of sentencing in this court compared with the original judgment; and (b) other factors of sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, sex, family relation, circumstances after the commission of the crime, etc., the lower court’s punishment was too unhued and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.