The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and three months.

except that this shall not apply.

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant A, the sentence of the lower court (two years of imprisonment, a fine of KRW 130 million) is too unreasonable.

B. In light of the overall sentencing conditions of Defendant B, the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

C. Defendant C1) misunderstanding of facts or misunderstanding of legal principles did not invite accomplices to commit the instant special obstruction of performance of official duties, and Defendants C did not know of the progress of the instant case in the agency room when he committed the instant crime. As such, Defendant C did not bear liability as joint principal offenders of special obstruction of performance of official duties. 2) In light of all the sentencing conditions of unfair sentencing (one year and three months of imprisonment) in light of the overall sentencing conditions, the sentence of the lower court is too unreasonable.

2. Determination on the grounds for appeal

A. Determination on the assertion of unfair sentencing by Defendant A on the assertion of unfair sentencing is recognized as a favorable circumstance, such as the fact that Defendant A recognized all the crimes of this case, and that Defendant A is the captain employed by the owner of the ship, and that Defendant A is the most dependent.

However, the crime of this case interferes with the execution of duties by assaulting the maritime police officers who control the act of fishing by unlawful intrusion without permission in the exclusive economic zone of the Republic of Korea by pipe, etc. The recent illegal fishing act of the Chinese fishing vessel requires considerable national damages, such as serious damage to the fishery resources of the Republic of Korea due to the serious destruction or damage of the fishery resources of the Republic of Korea and the input of human resources and equipment, and thus, requires strict liability to the defendant A. The defendant A, as captain of the Republic of Korea, determined to operate the fishery in the exclusive economic zone of the Republic of Korea as captain and instructed the crew to resist the resistance of the piracy. The defendant A was punished twice as the same crime.