The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the fine of eight million won) is too unreasonable.

2. There are extenuating circumstances, such as the fact that it is necessary to prohibit the capture of less than the length of body for the preservation of judged fish stocks, the fact that the defendant was less than the length of body, the number of the defendant was less than the length of body 2,380 ma, and the number of the defendant was less than the length of body 2,380 ma, but the defendant did not have any record of being convicted of committing the crime in this case, and there was no record of being sentenced to the criminal punishment that the defendant had captured less than the length of body, the defendant's administrative disposition against the defendant is expected, the fact that the administrative disposition against the defendant is anticipated, the fact that the defendant's health condition of the defendant who has captured inverte ebrate after spine ebrate is good, the defendant must support the defendant's age, character, environment, motive and background leading to the crime in this case, its means and result, and the circumstances after the crime, etc., it is too unfair for the court below to pronounce all the sentencing conditions in this case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 65 subparagraph 1 of Article 65 and Article 14 (1) of the Fishery Resources Management Act concerning criminal facts;

2. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

3. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account the conditions of sentencing prior to the sentencing.