The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

The above fine shall be imposed on the defendant.

1. In light of the fact that the defendant's summary of the grounds for appeal is against the law, the punishment imposed by the court below against the defendant (two months of imprisonment and two million won of fine) is too unreasonable.

2. In order to protect the judged fishery resources and efficiently manage them, the nature of the accused's crime is not less complicated in light of the legislative intent of the Fishery Resources Management Act.

However, there are favorable circumstances such as the fact that the defendant is recognized and seriously against the defendant, the degree of the defendant's commission of the crime seems to be relatively weak compared to B, and that the defendant does not have the previous crime.

In full view of all the circumstances shown in the records and arguments such as the above circumstances, equity in punishment with B, character and conduct of the defendant, environment, etc., the sentence imposed by the court below against the defendant is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows, except for the addition of “1. Defendant’s legal statement” in the summary of the evidence, as stated in each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of

Application of Statutes

1. Article 64 subparagraph 1 of Article 64 and Article 17 of the Fishery Resources Management Act, the provisions of subparagraph 1 of Article 65 and Article 14 (1) and (5) of the Fishery Resources Management Act (the point of capturing fishery resources, the capture of which is prohibited) concerning facts constituting an offense, and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;