The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be six months);

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A prosecutor changed Article 97 (1) 2 and Article 41 (2) of the Fisheries Act into “the criminal facts as stated in the judgment of the court below,” among the criminal facts of this case, which were part of the facts charged at the first trial date of the trial of the first instance, and applied for the amendment of the indictment to add “Article 97 (1) 2 and Article 41 (2) of the Fisheries Act,” and the defendant stated that there is no objection against the prosecutor’s application for the amendment of the indictment, and the subject of the judgment was changed by this court.

Therefore, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Grounds for the judgment in question]

1. A person who intends to engage in fisheries within a demarcated area of fisheries shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear or facility, and any person who intends to engage in the inshore-type fishery by using a powered fishing vessel with a gross tonnage of less than 10 tons shall obtain permission from the Mayor/Do governor for each fishing vessel

On February 25, 2018, at around 14:40 on the same day, the Defendant captured approximately 3 km, etc. while carrying on a demarcated fishery by using approximately 2.5 tons of vessel FRP, diesel 360 Epic-type modified net gear, etc. from around 13:30 on March 31, 2018 to 17:25 on the same day, using approximately 5.3 nautical miles (35-01.5N, 128-5.6E, 509-9) at the same time, including the end of Gangseo-gu Busan, Gangseo-gu, Busan, and without obtaining permission from the head of Gangseo-gu, Gangseo-gu, Busan, the Defendant used a modified net of approximately 3 km, etc. with approximately 2.5 tons of FRP, 360 Epic-type vessel, and a modified net of 360 Epic-type vessel.