All appeals filed by the defendant and prosecutor are dismissed.

1. The gist of the grounds for appeal by the Defendant is that the sentence of the lower court (two months of imprisonment and fine of ten million won) is too unreasonable, and that the gist of the grounds for appeal by the prosecutor is too unreasonable.

2. The crime of fishing and prohibited areas within the territorial sea of this case constitutes a serious and serious act of infringement of Korean sovereignty and fishery resources. Furthermore, the Defendant interfered with the performance of official duties by putting down a pipe with the length of 2 meters on the Korean coast guard who controls the crime. In light of the method and place of the crime, etc., the risk of the crime is very heavy, and there is a corresponding punishment to prevent the occurrence of the same kind of crime in the future.

However, in light of the sentencing materials indicated in the records, such as the status, degree of participation, age, character and conduct in the ship, etc., when the defendant was on board the ship as stated in the judgment below to live a livelihood, and led to the crime of this case by the instruction of the captain, etc., and his mistake was divided and did not repeat the crime. In light of the sentencing materials indicated in the records, considering the above circumstances, the sentence of the court below, which comprehensively considered the above circumstances, is not deemed to be unreasonable and too heavy or unreasonable.

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.