All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (fine 100,000,000) is too unreasonable.

B. The Prosecutor’s sentence (the fine of KRW 100,00,000) of the lower court is too unhued and unreasonable.

2. The judgment is a favorable condition that the defendant repents his mistake and reflects his mistake, and that there is no record of punishment for the same kind of crime.

However, the crime of this case is an act of impairing 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, and thus, causing huge damage to many Korean fishermen of the Republic of Korea who are working in difficult circumstances, and thus, the necessity of punishment is high. Considering the following factors: the types of the act of this case; the tonnage and size of the ship (10 tons, 100 tons, 19 persons on board); the catch (5,00 kilograms), etc. in sentencing; the balance in sentencing; the circumstances before and after the crime; etc., the court below’s punishment is too heavy or unreasonable; thus, the defendant and the prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.