All appeals by the Defendants and the Prosecutor are dismissed.

Summary of Grounds for Appeal

Recognizing the fact that the Defendants, who were the captain of S, who was operated by the victims of mistake of facts or misapprehension of the legal principles (the part concerning interference with the business), took a bath and breathing T’s breath, etc., and laid the wire-line on the seabed of the public waters. However, it was intended to protect the license managed by the Defendants from the invasion of the divings, and there was no intention to interfere with the victims’ collection of the breath.

Even if the intention is recognized, the Defendants’ act constitutes legitimate act or self-defense, and thus, the lower court erred by misapprehending the facts or misapprehending the legal doctrine in determining the guilty of this part of the facts charged.

Each sentence of the lower court on the Defendants of unfair sentencing (Defendant A: 3 years of suspended sentence in 1 year and 6 months of imprisonment; 2 years of suspended sentence in 8 months of imprisonment) is too unreasonable.

The public prosecutor's mistake of facts (not guilty part of defendant A's accusation) and the public prosecutor's acquittal portion which the court below found the defendant guilty cannot be different from the crime of the same nature committed in a series of processes. Thus, it is sufficient to find the defendant guilty as in the crime of interference with business.

Nevertheless, the court below which acquitted the defendant on this matter has erred by misunderstanding the facts.

Each sentence of the lower court on the Defendants of unfair sentencing is too uneasible and unfair.

Judgment

As to the Defendants’ assertion of misunderstanding of facts or misapprehension of legal principles, the lower court also asserted the same purport in the lower court, and as to this, the lower court: (a) the Defendants’ operation in the public waters where the vessel owners, the captain, and the divings, belonging to the JF (hereinafter “J”) conduct the instant new operation (hereinafter “instant public waters”) were legally prohibited for the Defendants to the licensing authority of the licensing authority for the permit site managed by the Defendants; (b) on the other hand, the Defendants’ operation in the instant public waters is legally prohibited.