The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the misapprehension of the legal principle, the Defendant engaged in fishing using a modries fishing hole with no permission

This can not be seen as an act of fishery because it is excessive to small costs.

B. Sentencing (the sentence of the lower court: a fine of 1.5 million won, confiscation)

2. Determination

A. As to the assertion of misapprehension of the legal principles, Article 97(1)2 of the Fisheries Act provides that a person shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won in the event that he/she runs a fishery business without permission under Article 41(2) of the same Act. Article 41(2) of the same Act provides that “Any person who intends to run a fishery business falling under the inshore fishery and the fishery business other than the fishery business under paragraph (3) of the same Article (hereinafter referred to as “coastal fishery business”), who uses a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of not more than 10 tons, shall obtain permission from the Mayor/Do governor for each fishing vessel or fishing gear.” Article 2 Subparag. 2 of the same Act provides that “a person who intends to run a fishery business falling under the coastal fishery business” refers to the business of gathering or cultivating marine animals or plants” and Article 41(2) of the Enforcement Decree of the same Act provides a coastal fishery business improvement network, coastal fishing network, coastal fishing network, coastal fishing network, etc.

In addition, Article 1 of the Fisheries Act provides that "the purpose of this Act is to promote the development of fisheries and the democratization of fisheries by establishing a basic system for fisheries, creating and protecting fishery resources, utilizing and managing waters comprehensively, and raising the productivity of fisheries."

In full view of the above provisions, legislative purport, etc., it is reasonable to interpret that punishment under Article 97(1)2 and Article 41(2) of the Fisheries Act is limited to cases where a fishery business is operated without obtaining permission, as it is, the text and text.

Therefore, permission.