A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Any person who intends to engage in fisheries gathering shellfish in inland waters shall obtain permission from competent authorities;

Nevertheless, on November 4, 2019, from around 21:00 to around 03:00 on November 5, 2019, the Defendant collected approximately 197.2kg of divers by linking the divers to a line using power without obtaining permission from the competent authorities in the rivers B of Gangseo-gun, Gangwon-gu, Seoul, with a view to gathering shellfishs.

2. No person who violates the Water-Related Leisure Activities Safety Act shall navigate any power-driven water leisure craft with the maximum output of at least five miles of a propelling engine without obtaining an operator license;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, has operated a boat with the maximum output of 7.2 miles without obtaining an operator license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to internal investigation reports (in relation to the attachment of field photographs, etc.), investigation reports (in relation to the measurement of weight of slocks and the attachment of exhaust pictures);

1. Relevant legal provisions concerning facts constituting an offense, Articles 25 (2) 1 and 9 (1) 4 of the Inland Water Fisheries Act (the occupation of fishing for gathering shellfish without permission), Article 56 subparagraph 1 of the Water-Related Leisure Activities Safety Act, the main sentence of Article 20 of the Water-Related Leisure Activities Safety Act, and the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to one year and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant collected approximately 197.2 km within inland waters without obtaining permission, and operated a motor boat without obtaining an operator license.

In 2017, the Defendant was punished for a fine of KRW 2 million due to the violation of the Inland Water Fisheries Act.

However, the fact that the defendant is recognized to commit the crime, and all of the taken sludges have been disposed of during the control process.