Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No one shall load fishing gear, other than permitted fishing gear.

At around 17:13 on July 20, 2014, the Defendant loaded about 0.2 math (34-45-50N, 128-24-758E) at the steering house of the instant fishing vessel on the sea, with 19 fishing gear, other than the fishing gear permitted in the coastal complex fishery.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes governing field mining inspections;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the defendant's act, such as the above facts constituting a justifiable act, is a legitimate act, as stated in Article 334 (1) of the Criminal Procedure Act.

On the other hand, the act that does not violate the social rules of Article 20 of the Criminal Code shall be included in the "act that does not violate the social rules". It shall meet the following requirements: First, legitimacy of the motive or purpose of the act; second, reasonableness of the means or method; third, balance between the protected interests and the infringed interests; fourth urgency; fifth, supplement that there is no other means or method than the act.

(See Supreme Court Decision 2003Do3000 delivered on September 26, 2003). Even if the defendant's act was collected for six months in order to throw away the sprinking through the defendant's assertion as to this case, it is difficult to recognize the urgency and supplement of the defendant's act. Thus, the defendant's act cannot be seen as a legitimate act that does not violate social rules.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.