On May 23, 2014, no one was engaged in fishing, such as catching fish and shellfish prescribed by Ordinance of the Ministry of Environment. However, at around 00:40 on May 23, 2014, anyone engaged in illegal fishing using wire ropes, such as laying rubber boats in the Jeju Cancer, which is the front water source protection area of the village living in the front of the rural village due to the transmission of the back-of-the-land of Bosung-gun.

2. The prohibited act under Article 83 subparag. 1 and subparag. 7(3)2 of the Water Supply and Waterworks Installation Act is “a prohibited act that is obviously dangerous to pollute water sources, as prescribed by Presidential Decree.” Article 12 subparag. 4 of the Enforcement Decree of the same Act prescribes “the act of catching or cultivating fish and shellfish” as the prohibited act, and the prosecutor indicted the Defendant on the ground that the Defendant violated the prohibited act.

The defendant's act of preparing rubber boats and other things in order to catch fish, etc. in the main rock, a water source protection area (the facts charged by the prosecutor also prepared the above things to catch fish, not the defendant's fish) or the above act alone can be a preliminary or attempted prohibited act under the Water Supply and Waterworks Installation Act (it is natural that the punishment provision for attempted or preliminary crimes may be imposed even in this case) does not meet the above facts charged, and the defendant's act does not constitute a crime unless there is a provision punishing the above act as an attempted or preliminary crime under the Water Supply and Waterworks Installation Act.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by rendering a judgment of innocence to the defendant under the former part of Article 325 of the Criminal Procedure Act