A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the owner of a fishing vessel with no registration 2.5 tons.

1. A person who intends to operate fisheries by using a non-powered fishing vessel violating the Acts of fisheries or a powered fishing vessel with a gross tonnage of less than five tons shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility;

Nevertheless, on June 22, 2018, the Defendant, at around 20:0, engaged in the fishery of catching approximately 20 km of light using an unauthorized type net mold, etc. at the sea (35-04-06N, 128-57-07E) located in Gangseo-gu Busan Metropolitan City, Gangseo-gu, Busan, for 100 meters prior to the red air (hereinafter referred to as 35-06N, 128-57E), without obtaining any permission from the competent authority.

2. The owner of a fishing vessel violating the Fishing Vessels Act or a vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall register the fishing vessel with the competent authority of the port or harbor where the fishing vessel or vessel mainly enters or departs from the port or harbor;

Nevertheless, the Defendant used the above 2.5 tons of a fishing vessel as a fishing vessel without registering it in the Gangseo-gu Office of Busan, the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest reports and investigation reports of persons who violate the Acts, etc. of fisheries (any light unfolded);

1. A protocol of seizure and a list of seizure;

1. Application of the order of discharge, written confirmation of discharge, photographs showing illegal fishing operations of unregistered net fishing vessels, and Acts and subordinate statutes related to seized objects;

1. Relevant legal provisions for facts constituting an offense, and Articles 97(1)2 and 41(3)1 (unauthorizedly partitioned fisheries) of the Fisheries Act, Article 43 Subparag. 2, Article 13(2) and 13(1) of the Fishing Vessels Act (the point of use of unregistered fishing vessels) of the same Act, and the selection of punishment for imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the defendant had already been punished 18 times due to the same kind of crime, such as a violation of the Fisheries Act, etc., for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the defendant, when carrying out an unauthorized fishing, etc. is not good, is disadvantageous to the defendant.

However, the defendant commits a crime.