Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Punishment of the crime

Defendant

A is the actual owner and captain of a coastal fishing E (2.9 tons) fishing boat E (2.9 tons) located in Changwon-si Musan Port Co., Ltd. D, and the defendant is the person on board the aforementioned E.

Any person who intends to carry on the shellfish net fishery, among fisheries installed with a specified area or using a non-powered fishing vessel 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 7, 2016, the Defendants conspired to embark on E from F in the Simpo-si Simpo-si, Changwon-si, Changwon-si to leave the port and then captured approximately 100 kmg using a type-net fishing gear with no permission from the competent authorities in the G in the vicinity of Changwon-si, Changwon-si, without obtaining permission from the competent authorities, from 20:48 on the same day.

Summary of Evidence

1. Legal statement of the witness H;

1. A copy of fishery license;

1. The explanatory note for coastal self-fishery business, and the explanatory note for shellfish-type fishery business;

1. Investigation reports (as to confirmation of records at E-Entry and departure ports) and accompanying materials;

1. Images of CDs;

1. Application of Acts and subordinate statutes to photographs with a violation of the Acts and subordinate statutes concerning fisheries;

1. The Defendants: Article 97 (1) 2 and Article 41 (3) of the Fisheries Act; Article 30 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendants asserted that they only carried on permitted self-net fishing, and did not carry on the shellfish net fishing as stated in facts constituting a crime.

2. The judgment of this court is based on the following circumstances that can be recognized by the evidence duly adopted and investigated by the court, namely, ① the Changwon Coast Guard Security Book, a police officer H et al. on board, suspected of illegal operation of E around June 7, 2016, provokinging a siren and sounding a siren, lighting, etc., and the Defendants are connected to the character installed in E.