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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year and fines for 30,000,000, Defendant B and C shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to Defendant C (two years of imprisonment and fine of KRW 10,00,000) is too unreasonable.
B. The prosecutor (as to the defendants) sentenced by the court below to the defendants, each sentence (as to the defendants A: 2 years of suspended sentence of imprisonment and fines of 30,000,000 won and confiscation, 2 years of imprisonment and fines of 10,000,000 won and fines of 10,000 won and Defendant D: 1 year of suspended sentence of 2 years of imprisonment and fines of 1 year of suspended sentence of 2 years of imprisonment are too uneased.
2. Determination:
A. The court below ex officio examined the fishery activities within the specific prohibited zone of Defendant B and C, and applied Articles 17 subparag. 1 and 4 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in the Exclusive Economic Zone (hereinafter “Exclusive Economic Zone Act”), Article 30 of the Criminal Act, and Articles 144(2) main sentence, 14(1), 136(1), and 30 of the Criminal Act to the injury resulting from special obstruction of performance of official duties respectively. Since each of the above defendants' crimes constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, the court below set the scope of punishment against the above defendants concurrently by imposing a fine as provided for in Articles 144(2), 136(1), and 30 of the Criminal Act with regard to each of the above defendants' injury resulting from special obstruction of official duties.
However, in light of the fact that each of the above special obstruction of performance of official duties by Defendant B and C was established by causing injury to four persons during the same act of special obstruction of official duties by the same Defendants, it is not a substantive concurrent crime, but a commercial concurrent crime. Thus, not a concurrent crime, the punishment should be imposed for the crime of causing injury to the special obstruction of official duties against H with the largest degree of punishment, and in such a case, the scope of punishment is not less than three years but not more than thirty years.