The defendant's appeal is dismissed.

The request for adjudication on the constitutionality of the instant case is dismissed.

1. Summary of grounds for appeal;

A. Error1) According to Articles 41 and 27(1) of the Fisheries Act, Article 17(1) and attached Table 1 of the Enforcement Decree of the Fisheries Act, a fishing vessel permitted to engage in fishing fishing may be used as a management vessel for the business of cultivating shellfish in the south-do coast. Since D is designated as a management vessel for the business of cultivating shellfish in the Meando coast, the Defendant may conduct fishing in the Jeonnam-do Sea pursuant to the proviso to Article 27(4) of the Fisheries Act. (2) Article 61(1)2 and 3 of the Fisheries Act provides for the prohibition of operating areas for inshore fishing, restriction on permitted quota, and the proviso to Article 27(4) of the Fisheries Act provides that a fishery right holder designated as a management vessel may capture marine animals and plants outside the designated fishing ground area if he/she obtains a fishery permit. In such a case, Article 27(4) of the Fisheries Act that is favorable to the Defendant should be applied.

B. The lower court erred by misapprehending the legal doctrine, as it erred by misapprehending that one’s act was not a crime.

2. Determination

A. Comprehensively taking account of the following facts acknowledged by the lower court as to the mistake of facts and the evidence duly admitted and examined by the trial court and the trial court, the Defendant’s act of operating offshore-net fishing with the type of offshore-net fishing, and the area of fishing with the permission for offshore-net fishing in the territory of Jeollabuk-do, Jeollabuk-do, which is not a fishing zone, is punished pursuant to Article 98 subparag. 8 and Article 61(1)2 of the Fisheries Act.

1) Article 61 (1) of the Fisheries Act (1) The administrative authority may issue the following orders, if necessary for the control of fisheries, sanitary control, maintenance of order in distribution, or coordination in fisheries:

2. Restriction or prohibition on the operating areas of inshore fishery business;

3. Restrictions, etc. on the quota of permits for inshore fisheries;