The prosecutor's appeal is dismissed.

1. In light of the substance and nature of the instant crime and the equity with other violators who paid security money, etc., the sentence of the lower court (fine 80 million won) is too uneasible and unreasonable.

2. The crime of this case is a matter of undermining order in adequate preservation and management of Korean fishery resources by conducting fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea. Such a crime is highly likely to mislead the fishermen of the Republic of Korea, and is also causing huge damage to a large number of Korean fishermen working for the same purpose in difficult circumstances, and the nature of the crime is bad, and the necessity of punishment is also high.

However, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the fact that the defendant led to the crime of this case, there is no history of punishment for the same kind of crime, the illegally captured catch is relatively small, the employed captain, the balance in sentencing with other cases similar to this case, the scale of the type of operation and the tonnage, etc. of the ship, the motive and circumstance of the crime, and the circumstances before and after the crime, etc., the sentence of the court below is just and acceptable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.