A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 engaged in fishery as the owner or captain of the D(3.35 tons) fishing vessel permitted to run a coastal network at the river of Gangnam-si.

In order to propagate and protect fishery resources, no one shall capture them for a period during which the capture of fishery resources is prohibited (6.1 to 11.30 each year), and the female of strings and red strings shall be prohibited from catching them during the year.

Nevertheless, on July 6, 2017, the Defendant set a gold port from around 03:10 on the same day to around 04:00 on the same day, and engaged in the fishery of catching fishery resources in violation of the provisions on the prohibition of capture and the prohibition of capture of females, on the ground that the Defendant: (a) was engaged in the fishery of catching fishery resources by carrying approximately 32 mari, female 24 mari, female 8 maris on the land without any mixed capture report; (b) was engaged in the fishery of catching fishery resources in violation of the provisions on the prohibition of capture and the prohibition of capture of females.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to documentary evidence photographs, investigation reports (the details, etc. of capture and control within the period during which capture is prohibited), disposal records, and photographs related to destruction of seized articles;

1. Article 64 subparagraph 1 of the relevant Act concerning facts constituting an offense, Article 64 subparagraph 1 of the Fishery Resources Selection and Management Act and Article 14 (1) of the same Act and selection of punishment by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448,