The defendant is the captain of a coastal fishing vessel C.

Anyone who intends to conduct the coastal fishery business under Article 41 of the Fisheries Act shall obtain permission for each fishing vessel or fishing gear from Mayors/Do governors.

Nevertheless, on November 11, 2014, at around 12:47, the Defendant captured C fishing boats, a fishing vessel that did not obtain a coastal transit permit from Incheon Metropolitan City, at the 3-day sea (N37.05.9/E126.89) of the East-gu Incheon pool-gun, Incheon, as well as at the 3-day coast guard.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The map of administrative boundary areas in the sea mining land register between Incheon-Nam Nam and the Incheon-Nam Nam, and the map of administrative boundary areas in the marine mining land register between Incheon-Nam Nam;

1. On-site photographs;

1. Application of statutes governing copies of fishery permission;

1. Relevant Article 97 (1) 2 and Article 41 (2) of the Fisheries Act, the selection of fines for criminal facts, and the selection of punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Determination as to the Defendant’s assertion of Article 59(1) of the Criminal Act (i.e., Incheon, Gyeonggi-do, and Chungcheong ship are mixed and operated, and the competent authorities do not frequently control the operation in the vicinity of the maritime boundary line, etc.) of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act

1. The defendant's assertion asserts that ① the place in which the defendant was discovered is the place in which the marine boundary is not set in practice at the place in which the fishing is conducted by Chungcheong, Gyeonggi-do, and Incheon fishing vessels; ② the area in which the local government's administrative power does not extend to the area in which the defendant was discovered; ② the case in which the defendant did not actually control the violation of the operation area; and there was a case in which the prosecutor made a non-prosecution disposition on the same charges operated in the same sea area; thus, there was

First of all, it is about public waters.