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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is the owner and captain of a coastal fishing vessel C (2.99 tons) at the time of military flight.
Anyone who intends to run a coastal fishery business shall obtain permission for each fishing vessel and fishing gear from the competent Mayor/Do Governor.
Nevertheless, on February 4, 2017, from around 10:00 to 12:55, the Defendant captured one jum jum on the market price by administering and cultivating fishing to be carried out at the sea of approximately 0.5 Ma, which is located in Gunsan-si, from around 10:0 to 0:5.5.
2. Determination
A. Article 97 (1) 2 of the Fisheries Act provides that a person shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won in the case of operating fisheries without permission under Article 41 (2) of the same Act. Article 41 (2) of the same Act provides that "any person who intends to run fisheries, other than inshore fisheries and fisheries under paragraph (3) (hereinafter referred to as "coastal fisheries"), which use non-powered fishing vessels and powered fishing vessels with a gross tonnage of not more than 10 tons, shall obtain permission for each fishing vessel or fishing gear from a Mayor/Do Governor for each fishing vessel or fishing gear." Article 2 (2) of the same Act provides that "fishing" is defined as "business of catching, gathering, or cultivating marine animals or plants" and Article 41 (2) of the Enforcement Decree of the same Act provides that a person shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won."
In addition, Article 1 of the Fisheries Act provides that "the purpose of this Act is to promote the development of fisheries and the democratization of fisheries by establishing the basic system for fisheries and by raising the productivity of fisheries through the creation and protection of fishery resources and the comprehensive use and management of waters."
In full view of the above provisions, legislative purport, etc., Article 97 of the Fisheries Act shall be applied.