For the reasons indicated in its reasoning, the lower court found the Defendant guilty of the charges (excluding the part not guilty in the grounds) against the Defendant on the ground that the Defendant’s act of gathering sea ginseng by using scoo equipment constitutes a gathering of marine animals and plants by fishing methods other than those under the Fisheries Act and the Fishery Resources Management Act, in violation of Articles 97(1)4 and 66 of the Fisheries Act.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the clarity principle of the principle of no punishment without law.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable cannot be

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.