Text
Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
1. Defendant A: (a) The Minister of Oceans and Fisheries limited the amount of total catch quota allocated to each fishery owner or fishing vessel according to the criteria prescribed by Presidential Decree; and (b) limited the size, form, quantity and method of use of fishing gear, prohibition of the use of fishing gear, size of net net catch, etc. by type of fisheries deemed necessary for the propagation
Nevertheless, Defendant A, on September 9, 2013, entered the sea area of approximately 26 m26 m2 (east 37°15°30 m26 m26 m20 m2, east 125°400 m20 m35 m20 m35 m20 m35 m20 m20 m35 m20 m20 m20 m20 m35 m20 m20 m20 m20 m20 m20 m20 m20 m20 m23.m20 m20 m20 m20 m23.m20 m20 m20 m20 m20 m20 m20 m335 of the same day.
In addition, the Defendant illegally captured the fireworks using a fishing gear with a 35m m/ less than 65m m of the boom, the use of which is restricted, while capturing the fireworks in such a way.
2. Defendant B, as the owner of the above C vessel, was not allocated a total permissible catch quota through systematic education of the captain, etc., and Defendant B, as the owner of the above C vessel, should exercise considerable care and supervision to prevent the capture of the Defendant by using the ventilation gear below the standard of boom in the specific sea area in Yellow Sea. However, Defendant B, an employee of the Defendant, was negligent in doing so and did the same act as described in the preceding paragraph in relation to the Defendant’s business.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of the Acts and subordinate statutes to the submission of the details of detection, on-site documentary evidence, and the current status of TAC assignment in 2013;
1. Relevant Articles and choice of fines concerning facts constituting an offense;
A. Defendant A: Article 64 Subparag. 7 and Article 37(2) of the Fishery Resources Management Act (the occupation of allocated fisheries and the selection of fines).