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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 100 million.
The above fine shall not be paid by the defendant.
Reasons
1. In light of the substance of the instant crime, its nature, equity with other violators who paid the security money, etc., the sentence of the lower court (hereinafter referred to as a fine of KRW 80 million) is too uneasible and unreasonable.
2. A favorable circumstance is that the judgment defendant led to the confession of the crime of this case and has no record of being punished for the same kind of crime.
However, the crime of this case is a matter of undermining the order on the adequate preservation and management of Korean fishery resources by conducting fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea. Such a crime is highly likely to mislead the fishermen of the Republic of Korea, and is an act of causing a huge damage to many decent Korean fishermen who are working for the same purpose in difficult circumstances, and thus, there is a need for strict punishment. In full view of all the factors such as the type of the act of this case, the tonnage and size of the ship (93 tons, 8 persons on board), the catch (100 ggs, such as catch), the range of illegal fishing operations, the balance in the sentencing of other cases similar to this case, the motive and circumstances of the crime, and the circumstances before and after the crime, the prosecutor’s allegation of unfair sentencing is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 17 and Article 5(1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal framework for criminal facts;