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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.
Reasons
1. Summary of grounds for appeal;
A. The crime of violation of the Act on Inland Fisheries by misunderstanding the facts or by misunderstanding the legal principles is a single crime, which constitutes a business crime, and the confession of the Defendants is reliable, and the seized articles are used for the crime of this case and shall be the reinforced evidence of confessions. However, the court below acquitted Defendant A on the charges of the violation of the Act on Inland Water Fisheries 1 to 4 times in the annexed crime list (1). The court below acquitted Defendant B on the charges of the violation of the Act on Inland Water Fisheries 1 to 4 times in the annexed crime list (2) of the annexed crime list. The court below erred by misunderstanding the facts or misunderstanding the legal principles.
B. The punishment of the lower court (Defendant A: fine of KRW 3 million, penalty of KRW 1 to 6, and penalty of KRW 8, and fine of KRW 2 million) is deemed to be too uneasible and unfair.
2. Determination
A. Determination on the misunderstanding of facts or misapprehension of legal principles 1) Whether the instant crime constitutes a single comprehensive crime, Article 9(1) of the Inland Fisheries Act provides that “a person who intends to engage in any of the following fisheries within inland waters shall obtain permission from the head of a Si/Gun/Gu having jurisdiction over the Special Self-Governing Province branch, as prescribed by Presidential Decree.
Article 9(1) Subparag. 4 of the Act provides that "fish gathering business" means a fishery business that gathers or captures shellfishes or other sedentary animals using fish tools for gathering shellfishess or other sedentary animals prescribed by Ordinance of the Ministry of Oceans and Fisheries. Article 26(2) Subparag. 1 of the penal provision provides that a person who engages in fisheries without obtaining a license or permit under Article 6(1) or 9(1) of the Act provides that a person who engages in fisheries shall be punished. The act of gathering shellfish without permission in violation of the above provision is expected to repeat the same act in light of the nature of the elements of the crime. Each indictment against the Defendants is a continuous and continuous criminal act for a certain period.