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The prosecutor's appeal is dismissed.
Reasons
1. A fishing village fraternity that obtained authorization to establish a summary of the grounds for appeal ought to acquire a fishery right on the premise thereof. This is likewise applicable where a fishing village fraternity that obtained authorization to establish a fishery right pursuant to Article 19(3) of the former Fisheries Act (amended by Act No. 12823, Oct. 15, 2014; hereinafter “former Fisheries Act”) receives a fishery right from the existing fishing village fraternity.
However, the Defendant, in collusion with F, G and J, did not reside in G and J Do Do Do Do Do Do Do Gun Do Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun
In contrast, the lower court determined that the Defendant’s transfer of a fishery license by illegal means was not a case where the Defendant obtained a fishery license by paying attention to the transfer of a fishery license number Q,O, and S from the Telecommunication. However, the aforementioned transfer of a fishery license was merely a case where the Defendant obtained a fishery license in the name of the E fishing village fraternity, and thus does not affect the violation of the former Fisheries Act.
Therefore, the judgment of the court below is erroneous by misapprehending the legal principles as to the former Fisheries Act and thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case and the Defendant and F were gathered to meet the 10-person conditions by attracting not more than 10 fishermen residing in D but not engaged in the fishery.
Accordingly, F was hospitalized in the State Hospital or I Hospital for mental treatment except for 20 days during a year from February 2004 to February 2004.
J is a member of the fishing village fraternity among the applications for authorization to establish the fishing village fraternity as if he/she engaged in the fishery in the above D and becomes a member of the fishing village fraternity in the above E-fishing village.