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 captain of coastal net fishing vessel B (9.77 tons, diesel 550 Embs, FRP, Chungcheong west).

Any person who intends to run any fishery business falling under the inshore fishery and coastal fishery, which uses a non-powered fishing vessel or a power-driven fishing vessel of less than 10 gross tons, shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

Nevertheless, on August 13, 2020, the Defendant, using the above fishing vessel without obtaining permission from the competent authorities, engaged in coastal sea-line fishing at approximately 4.8 nautical miles (North Korea’s latitude 36.00 degrees 713 degrees east 126.22 degrees 364 seconds east 126.05).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of subparagraph (B) and a detailed statement of the details of control, the location map of arrest, the former North-North Korean maritime boundary, the field photograph, the B certificate of loading, and the fishery permit;

1. Relevant legal provisions and Articles 97 (1) 2 and 41 (2) of the Fisheries Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act shall be repeatedly punished by imprisonment with prison labor, the punishment of which is heavy, and the punishment of which is repeatedly committed without any particular crime, on the condition that the execution of which is postponed in consideration of the circumstances including the details of the crime and before and after the crime,

1. Protective observation and community service order under Article 62-2 of the Criminal Act;