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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts and hearing failure), although the defendant was fully aware of the fact that he captured 1 jum jum by using a combined multiple-use fishery (outline fishing) installed in one’s own fishing vessel C without obtaining permission for coastal complex fishery business, the court below erred in finding the Defendant not guilty of the facts charged of this case due to mistake of facts and hearing failure.
2. Determination
A. The summary of the facts charged is that the Defendant is the owner and captain of the coastal fishing boat C (2.99 tons) at the time of military shipment and is engaged in fisheries.
Anyone who intends to run a coastal fishery business shall obtain permission for each fishing vessel and fishing gear from the competent Mayor/Do Governor.
Nevertheless, on February 4, 2017, from around 10:00 to 12:55, the Defendant captured one jum jum on the market price by administering and cultivating fishing to be carried out at the sea of approximately 0.5 Ma, which is located in Gunsan-si, from around 10:0 to 0:5.5.
B. The court below's decision is reasonable to interpret the following circumstances acknowledged by the evidence duly adopted and investigated in the court below, namely, ① the punishment under Articles 97 (1) 2 and 41 (2) of the Fisheries Act shall be limited to the case where a fishery business is operated without permission," as they are the text and text. Thus, even in the case where a fishery business is captured without permission, it shall not be punished under the above provision. ② Whether a fishery business is engaged in catching and gathering marine animals and plants without permission shall be determined in accordance with social norms by comprehensively taking into account the following circumstances such as continuity of the act, continuity of the act, existence of business nature, and purpose, size, frequency, period, attitudes, etc. of the act, and ③ The video (15 pages of investigation records) taken by the defendant.