208 Highest 299 A. Violation of the Naval Bases Act

(b) Violation of Fisheries Act;

(c) Violation of the Assistance to Ships Act;

(d) Violation of the fishery resources protection order;

(e) Violation of the Public Order in Open Ports Act;

1. A. (b) . (c) 100000 - 00000 - Fishing

The details of the residence Gyeongnam Address omitted

In the case of the actual domicile, the detailed address omitted

2. A. D. Defendant 2 (0000 - 000000), fishery

The details of the residence Gyeongnam Address omitted

Detailed Address in Gyeong-nam in Reference domicile

3. (a) . (b) . (c) . d. 3 00000 - 0000) - fishing

The detailed address in the event of the residential situation is omitted;

The detailed address at the time of the truth in the place of registration

4. (a) . (b) . (e) 4 (6) - 0000 - 00000), fishery

Residence of Busan, Busan, and the omission of the detailed address;

The detailed address omitted at the time of the registration place;

5. (a) . (b) . (e) 5 (6) - 0000 - 00000), fishery

The detailed address in the event of the residential situation is omitted;

The detailed address of the place of registration is omitted;

Habaew

Attorney CCO (Korean national ship for all of the defendants)

April 11, 2008

Defendant 1 shall be punished by imprisonment for four months, by imprisonment for six months and by fine for 700,000 won, by imprisonment for four months and a fine for negligence; by imprisonment for five months and a fine for five hundred thousand won; and by imprisonment for four months and a fine for three hundred thousand won, respectively.

Defendant 2, Defendant 3, and Defendant 4. Defendant 5’s failure to pay each of the above fines, the said Defendants shall be confined in a workhouse for a period calculated by converting KRW 50,000 into one day.

The number of detention days prior to the issuance of this judgment shall be three days, including each of the above imprisonment to Defendant 1 and Defendant 2.

However, for two years from the date this judgment became final and conclusive, the Defendants 2, 3, and 4. Defendant 5, each of whom the execution of the above imprisonment with prison labor is deferred, ordered to pay the amount equivalent to the above fine.

Criminal facts

Defendant 1 and Defendant 4 are the captain of the coastwise fishing vessel (5. 83 tons) at the time of Msan, Defendant 2 is the captain of the coastwise fishing vessel (4. 99 tons), Defendant 5 is the captain of the coastwise fishing vessel (62 tons) at the time of Jin Sea, and Defendant 3 is the lessee of the above subparagraph, the above vessel, and the owner of the above vessel and the vessel of the U.S. at the time of Jin Sea.

1. Defendant 1. Defendant 2 and Defendant 3’s co-principal conduct (violation of the Naval Base Act) decided to assign a ga fishing vessel to Defendant 1, Defendant 2, and Defendant 3, who captured a ga fishing vessel by constituting a ga fishing vessel with the aforementioned II and ARE fishing vessels that Defendant 1 leased or owned.

A person who intends to enter the controlled protection area, which is the naval base district, shall obtain prior permission from the Minister of National Defense or the commander of the jurisdictional unit, but without permission, the vessel was set on October 00, 00, when the controlled protection area from 00 to 00:0:0, while the controlled protection area was located in the Jinan Sea, the vessel was captured 50 km from 00:5 m. to 00 m. on the southwestwest.

Accordingly, the Defendants conspiredd to the controlled protection area without permission.

2. Although Defendant 1 and Defendant 3’s joint criminal conduct (violation of the Fisheries Act) obtained the permission of the Mayor/Do governor for each fishing vessel, fishing gear, or facility, Defendant 3, who had Defendant 1 go to fishing, had Defendant 1 go to fishing, had Defendant 1 go to fishing, and captured 500 km from around 00:00 on October 0, 00 to 00 on the same day.

As a result, the Defendants conspired with each other to carry on the deep-sea fishing without permission.

3. Although Defendant 2 and Defendant 3’s joint criminal acts (violation of the Decree on the Protection of Fishery Resources) did not use a fishing vessel to assist or assist in the operation of a fishing vessel used for any other fishery business than those permitted to use the fishing vessel in question, Defendant 3 had the Defendant use an unauthorized fishing vessel in order to assist the operation of the fishing vessel without permission under the above subparagraphs, and OOO.00 on the same day from around 00:00 to around 00, 00, Defendant 3 had the Defendant take 500 kg of the former fishing vessel using the above UAE vessel, while Defendant 3 took place the operation of the fishing vessel with the above heading from around 00 to around 00.

As a result, the defendants conspired to use the fishing vessel for other fisheries than those permitted to use the fishing vessel.

4. Although Defendant 1 (Violation of Ship Personnel Act) intends to be a captain, the Defendant, without obtaining a marine officer license from the Minister of Maritime Affairs and Fisheries, on October 00:00 of the same day from 00 to 00:0 of the same day without obtaining a marine officer license, on the part of the captain, on the 5-day math on the southwest and southwest, while operating under subparagraph 1, on the part of the captain.

5. Joint criminal conduct by Defendants 4, 5, and 3

A. Defendant 3, who violated the Naval Bases Act, decided to allow Defendant 4 to operate a clause, and Defendant 5 to distribute when he captures a line by organizing a line.

A person who intends to enter the controlled protection zone, which is the naval base zone, shall obtain prior permission from the Minister of National Defense or the commander of the jurisdictional department, but without permission, the head of the Si/Gun/Gu and the head of the jurisdictional unit on October 00 of the same day from 00:00 to 00:0, the head of the Si/Gun/Gu made the line, and the head of the Si/Gun/Gu captured 2,000 g from 0:0 to 00,000 North Korea, which is located in the 0-dong, Jinhae-si, which is the controlled protection zone.

Accordingly, the Defendants conspiredd to the controlled protection area without permission.

B. A person wishing to engage in fishing operations in violation of the Fisheries Act shall obtain the permission of the Do governor for each fishing vessel, fishing gear, or facility without obtaining the permission of the Do governor. Defendant 3, who transferred the fishing to Defendant 4 and Defendant 5 on October 00:00:00 on the same day from around 00:00 to 00:00 on the same day, he captured 2,000 g of the fishing operation using the above and the above heading.

As a result, the Defendants conspired with each other to carry on the deep-sea fishing without permission.

6. Defendant 4

A. Although a vessel entering or departing within the boundaries of an open port which violates the Public Order in Open Ports Act has reported the fact to the agency concerned, the Defendant did not make a departure report to the agency concerned at around 00:00 on the departure from the open port at the time of Jinhae-si at the time of Jinhae-si at around 00.

B. Although a person who intends to be a captain of a vessel in violation of the Ship Personnel Act obtained a marine officer's license from the Minister of Maritime Affairs and Fisheries, the Defendant, without obtaining a marine officer's license, was on board the ship as the captain of the vessel in the following clause: 00 on October 0, 00, from around 00 to 00 on the same day: 00 on the same day; 00 on October 3, 190 on the north-do 00, Jindo;

7. Defendant 5

A. Although a vessel entering or departing within the boundaries of an open port which violates the Public Order in Open Ports Act has reported the fact to the agency concerned, the Defendant did not report the departure to the agency concerned at around 00:00 on the departure from the port of Jinhae, which is the open port, at around 00, at the port of Jinhae, which is the open port.

B. Although a person who intends to be a captain of a vessel in violation of the Ship Personnel Act obtained a marine officer's license from the Minister of Maritime Affairs and Fisheries, the Defendant, without obtaining a marine officer's license, was on board the ship as the captain when he operates the above 1st 3 last math Ma-dong from around 000 to 00:00 on the same day.

8. Defendant 3

A. Violation of the Naval Bases Act

The Defendant, using the above Nos. 1 and 2 J. (4.9 tons) that he rents, had COS operate Nos. 2 (name omitted) and 1 (name omitted) in order to knife knife knife knife knife knife knife knife knife knife knife.

A person who intends to enter the controlled protection area which is the naval base district shall obtain prior permission from the Minister of National Defense or the commander of the jurisdictional unit, but without permission, he/she captured more than nine times more than nine times as shown in the attached list of crimes, such as entering the zone from 00:00 to 00 on October 3, 190 on the same day from 00:0:0 to 00 on the same day.

Accordingly, in collusion with the defendant CO. KimO, the defendant invadedd the controlled protection area on nine occasions without permission.

B. A person wishing to engage in fishing operations in violation of the Fisheries Act, even though he/she obtained permission from the competent Mayor/Do Governor for each fishing vessel, fishing gear, or facility, the Defendant captured a 930 km over nine occasions, such as on the list of crimes, by allowing a fishing vessel, fishing gear, or facility to catch the c) and KimC on October 00:0:00 on the same day from around 00:0 to around 00:0, on the same day, using the above and the above subparagraph 2 (title omitted).

Accordingly, the defendant, in collusion with CO. KimO, was engaged in china fishery without permission.

C. (1) Although the Minister of Maritime Affairs and Fisheries’s license for a marine officer is not required to have a person without a marine officer’s license embark on the ship as the captain, the defendant, from around 00:00 to around 00:00 on October 1, 200, had an OO without a marine officer’s license on board the ship on board the ship as the captain, and had the person without a marine officer’s license on nine occasions as shown in the annexed crime list, such as having the person who was not a marine officer’s license on nine occasions on board the ship from around 00 to around 00:0 on the same day, and having the person who was not a marine officer’s license on nine occasions on board the ship on board the ship from around 00 to around 00 on the same day, and let the captain take the ship without a marine officer’s license on board the ship as the captain.

( 3 ) 해양수산부장관의 해기사 면허가 없는 사람을 선장으로 선박에 승선 시켜서는 아니 됨에도 불구하고, 피고인은 해기사 면허가 없는 피고인4와 피고인 5를 위호와 위 ㅁㅁ호에 각각 승선시켜 0000. 00. 00. 00 : 00경부터 같은 날 00 : 0①경까지 진해시 00동에 있는 부도 북방 0. 3마일 일대를 운항하게 하여 해기사 면허가 없는 사람을 선장으로 승선시켰다 .

C. Violation of the Public Order in Open Ports Act

Although Defendant 4 and Defendant 5, an employee of the Defendant, entered or departing from the boundaries of an open port on October 0, 000, the Defendant did not make a departure report to the authorities concerned at around 00:0, at around 00, at the time of an open port, on the Defendant’s business, at the time of departure from the port of Jinhae-si, the open port of the Republic of Korea and the above, and did not make a departure report.

Summary of Evidence (to omit any part of the evidence);

Application of Statutes

1. Article applicable to criminal facts;

Defendant 1: Article 10(2)1 and Article 4 subparag. 1 of the Naval Bases Act; Articles 94(1)1 and 43(2)1 of the Fisheries Act; Articles 27 subparag. 2 and 4(1) of the Ship Personnel Act; Article 30 of the Criminal Act

Defendant 2: Article 10(2)1 and Article 4 subparag. 1 of the Naval Bases Act; Article 30 subparag. 2 and Article 23-2(1) of the former Decree on the Protection of Fishery Resources (wholly amended by Act No. 20543, Jan. 11, 2008); Article 30 of the Criminal Act

Defendant 3: Article 10(2)1 and Article 4 subparag. 1 of the Naval Bases Act; Articles 94(1)1 and 43(2)1 of the Fisheries Act; Articles 27 subparag. 2 and 4(1) of the Ship Personnel Act; Articles 30 subparag. 2 and 23-2(1) of the former Decree on the Protection of Marine Resources (wholly amended by Act No. 20543, Jan. 11, 2008); Articles 47, 46 subparag. 1 and 5 of the Open Ports Act; Article 30 of the Criminal Act

Defendant 4: Article 10(2)1 and Article 4 subparag. 1 of the Naval Bases Act; Articles 94(1)1 and 43(2)1 of the Fisheries Act; Articles 27 subparag. 2 and 4(1) of the Ship Personnel Act; Articles 46 subparag. 1 and 5 of the Public Order in Open Ports Act; Articles 10(2)1 and 4 subparag. 1 of the Naval Bases Act; Articles 94(1)1 and 43(2)1 of the Fisheries Act; Articles 27 subparag. 2 and 4(1) of the Ship Personnel Act; Articles 46 subparag. 1 and 5 of the Public Order in Open Ports Act; Article 30 of the Criminal Act

1. Aggravation of concurrent crimes (the Defendants)

Articles 37 (former part) and 38 (1) 2 and 38 (1) 3 of the Criminal Act (Concurrent punishment of fines prescribed by the Decree on the Protection of Marine Resources and the Order in Open Ports Act for Defendants 2, 3, 4, and 5), 501 of the Criminal Act for detention in a workhouse (Defendant 2, 3, and 5)

Articles 70, 69, Paragraph 2 of the Criminal Code

1. The inclusion of days of pre-trial detention (defendants 1 and 2); and

Article 57 (Inclusion in Imprisonment with Labor)

1. Suspension of execution (the Defendants)

Article 62 (1) of the Criminal Code (the defendants are against the defendants, and the circumstances such as the background of participation in the crime of this case, time of catch and catch are considered)

1. A provisional payment order (Defendant 2, Defendant 3, Defendant 5)

Article 334(1) of the Criminal Procedure Act

Judges Dohman-ho