The judgment of the court below is reversed.

Defendants are not guilty.

1. Summary of grounds for appeal;

A. As to the mixed catch of marine animals by misapprehending the legal principles, Article 98 Article 6-2 of the Fisheries Act (amended by Act No. 14349, Dec. 2, 2016) provides a separate penal provision.

Nevertheless, the lower court determined that the Defendants violated Article 97(1)2 of the former Fisheries Act (wholly amended by Act No. 14349, Dec. 2, 2016; hereinafter the same) by deeming that the Defendants engaged in unauthorized fishing with respect to this part of the charges solely on the ground that the Defendants carried out the destroyed fishing under the instant charges. In so doing, the lower court erred by misapprehending the legal doctrine.

B. After the completion of the operation, the Defendants were merely engaged in screening work to throw away the congested goods after the first selection of cream and bottled fish, etc., and the ratio of the destroyed goods captured by the Defendants during the operation of the instant case is about 2.23% of the total quantity of capture.

Nevertheless, the court of original judgment convicted the Defendants on the premise that the volume of the destroyed goods by congestion is 54.4% of the total quantity of capture, on the premise that the Defendants had intent to capture the destroyed goods, and that the court below erred by misapprehending the facts.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. As to the assertion of misapprehension of legal principles, the Fisheries Act’s assertion is enforced from December 2, 2017, one year after the date of promulgation under Article 1 of the Addenda to the Fisheries Act, and the former Fisheries Act applies to the date stated in the instant facts charged.

In the former Fisheries Act, Article 41 of the same Act does not provide for the mixed catch in Article 98 (6-2).

Article 41 (1) of the former Fisheries Act (hereinafter referred to as "inshore fisheries") intends to run a powered fishing vessel with a gross tonnage of at least 10 tons, or a powered fishing vessel with a gross tonnage of less than 10 tons as prescribed by Presidential Decree because of particular needs for protection of fishery resources and coordination of fisheries.