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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 4, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Busan District Court on February 12, 2016, which became final and conclusive on February 12, 2016.
The defendant is the owner of Busan fishing boat C(4.91 ton) fishing vessel and fishing vessel operator who engages in fishing business as captain.
The head of a Si/Gun/Gu shall not refuse or evade an order for safe navigation, such as the safe operation of fishing vessels and the prevention of accidents, and the restriction on the business area, which is deemed particularly necessary to maintain order in the fishing industry, on September 13, 2015. Nevertheless, the defendant, around 05:20 on September 13, 2015, was allowed to board nine fishermen on the fishing C (4.91 ton) at the landing place of Gangseo-gu Busan, Gangseo-gu, Busan, on September 13, 2015, to leave nine fishermen on an uninhabited island (Fix 35-01.08 N, 128-48.98 E) located near D around 05:30 on an uninhabited island (Fix 35-1.08 N, 128-4.98 E).
As a result, the Defendant violated the business area restriction order while engaging in fishing business.
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. A statement prepared by the F;
1. Application of the Acts and subordinate statutes to the arrest report of a vessel in violation of the public notice of fishing and the arrest report of a vessel and the fishing operation of a fishing prohibited area, and photographs, the current status of entry into and departure from a vessel, the register of passengers of a fishing vessel, the details of enforcement of restrictions, without leaving the fishing place;
1. Relevant Article of the Act and Article 53 (2) 8 and Article 35 (1) 2 (Selection of Penalty) of the Act on the Management of and Promotion for elective Fishing and Punishment for Criminal Facts;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;