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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is the owner and captain of the Hacheon-gun, Seocheon-gun, Seocheon-gun B Coastal Improvement Sea Ships C (9.77 tons).
Any person who intends to run a fishery business falling under the coastal fishery business, which uses a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than ten tons, shall obtain a license for each fishing vessel or fishing gear from the Mayor/Do Governor.
Nevertheless, the Defendant obtained a permit to operate a day in the Cheongnam-do coast, without obtaining permission from the Gun mountain market. On August 15, 2019, around 17:40, the Defendant 1.3 nautical miles (N 36°05.07 east 126°24.08 east east east 126°08 east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east east 132 km away from the market price.
Summary of Evidence
1. Partial statement of the defendant;
1. Police interrogation protocol of the accused (except for the cases falling under subparagraphs 11, 4 through 11);
1. Application of Acts and subordinate statutes governing examination reports (in relation to the boundary line between Jeonbuk and Chungcheongbuk, the boundary line between Chungcheongbuk and the sea), records of detection of national land geographic information sources concerning the jurisdiction over Jeonbuk and Chungcheongnambuk Sea, and records of detection of national land geographic information sources, and violation of Fisheries Act
1. Article 97(1)2 and Article 41(2) of the former Fisheries Act (amended by Act No. 16568, Aug. 27, 2019); the selection of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 4(1) of the Local Autonomy Act to determine the absence of a maritime boundary under the Act on the Claim of the Defendant and the Defense Counsel of Article 334(1) of the Provisional Payment Order provides that the “previous” shall apply to the determination of the boundaries within the jurisdiction of a local government. In light of the amendment history of Article 4(1) of the Local Autonomy Act, the foregoing “previous” standard comes back in the order of the first enacted legal provisions, and thus, the boundary within the jurisdiction that existed at the time of August 15, 1948 becomes the original standard for public waters.