Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the owner and the captain of a fishing vessel B (4.97 tons) with a single snick slock, and is engaged in fishery as the captain.

If a reasonable ground exists, based on reasonable determination of the surrounding circumstances, on the ships, etc. which violate or are suspected to violate the domestic statutes and treaties concluded and ratified by the Republic of Korea during activities for maritime guard, the coast guard may conduct maritime inspection and search, and the captain of the ships sailing or operating on the sea shall not refuse, interfere with, or evade maritime inspection and search by the coast guard without any justifiable ground.

Nevertheless, at around 12:55 on November 29, 2019, the Defendant: (a) discovered the above B, which was illegally engaged in, or suspected to be engaged in, deep-sea fishing operations on the sea without a new-sea fishing network operation zone; and (b) refused an order of stopping for inspection and search on three or more occasions by using a whistle siren, domestic broadcasting equipment, etc. at around 13:25 on the same day, and refused to comply with the order of stopping for inspection and search on the sea at around 13:25 on the same day.

Summary of Evidence

1. The statement of the defendant prepared with respect to D's interrogation protocol of the defendant;

1. The application of Acts and subordinate statutes to three domestic investigation photographs related to the violation of the Act on the Law of the Sea Guard (B), documentary evidence photographs of escape refusing to comply with the inspection or search, CV-PAS anti-port photographs, three domestic investigation reports (B-S anti-port confirmation of escape refusing to comply withB inspection or search);

1. Article 21 (1) and Article 12 (1) of the Coast Guard Act concerning the relevant criminal facts and the selective punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where the defendant does not comply with a legitimate order of the Korea Coast Guard for inspection and search, and runs away, is, in itself, disregarding the legal order.