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Defendants shall be punished by a fine of KRW 10,000,000.
The Defendants did not pay the above fines.
Reasons
Punishment of the crime
Defendant
A is the captain of D(59 tons) who is a P(59 tons) fishing boat in the East Sea at the port of registry, and the defendant B is the owner of the above D.
1. If the Minister of Oceans and Fisheries deems it necessary for the propagation and protection of fishery resources, he/she may restrict the size, form, quantity, method of use, etc. of fish districts by type of fishery business. In the case of underwater trawls in the East Sea, he/she shall classify fishing gear into the front side of the vessel with the current side of the vessel, and the open side of the vessel with the network of the vessel from the stern. Under the conditions of permission, the Rules on the Permission, Report, etc. of Fisheries (hereinafter “Rules on Fishery Permission”) amended on April 28, 201 with respect to the conditions of fishery business permission in the East Sea (hereinafter “Rules on Fishery Permission”) stipulate that “fishing permit shall not be installed as a bridge to draw fish on the side of the vessel except for fishing vessels installed slope on the side of the vessel on or before July 30, 201.” However, the Rules on Fishery Permission, other than those on Fishing Permission, are prohibited to install a vessel with the aforementioned conditions or installation of a facility similar thereto.”
However, this restriction or condition of fishery permission has the effect of prohibiting the operation of the vessel in result.
In this regard, as long as the Defendants and the defense counsel sufficiently render legal cooperation on the application and interpretation of the fishery permission rules, this part of the facts charged is judged to have no particular problem in guaranteeing the defendant's right to defend, and thus, it is recognized ex officio without any amendment of indictment.
A. Defendant A, on September 14, 2010, embarked on the above D and entered the port on the 15th day of the same month, to be a slope from the inshore day in the same year until he entered the port.