Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 50.

Punishment of the crime

Defendant

A is the captain of FRP, 1.96 tons of coastal fishing vessels D (FRP, 1.96 tons) at the port of Taepo-gu Busan, Busan, and Defendant B is the owner of the above vessel.

1. A person shall not engage in fishing within the boundaries, etc. of an open port, or on a sea route designated and publicly notified by the Minister of Land, Transport and Maritime Affairs. However, Defendant A, from around 03:30 on October 4, 2012 to around 06:00 on the sea (35-03.6N, 129-0.04E) containing a 10km market price of 60,000,000,00 won, by throwing a self-net fishing gear at the sea (35-03.6N, 129-0.04E) located within the boundaries of an open port, which is located within the boundaries of an open port.

2. In order to prevent fishing within the boundaries of an open port, Defendant B neglected to exercise reasonable care and supervision over the pertinent duties and caused Defendant A, an employee of the Defendant, to engage in the same conduct as described in paragraph (1) above with respect to the duties of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes to arrest, report and documentary evidence of a case;

1. Defendant A who has the relevant legal provisions of the facts constituting an offense and who has the choice of punishment: Article 46 Subparag. 2 and Article 37 of the Public Order in Open Ports Act; Article 47, Article 46 Subparag. 2 and Article 37 of the Public Order in Open Ports Act; Article 47 of the Public Order in Open Ports Act

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.