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Defendants shall be punished by a fine of KRW 8,000,000.
The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A is the captain of E (59 tons) who is the trawls in the East Sea of Gangwon-do at the time of shipment, and the defendant B is the owner of the above E (59 tons).
1. If the Minister of Oceans and Fisheries deems it necessary for the propagation and protection of fishery resources, he/she may restrict the size, form, quantity, method of use, etc. of fish farm by type of fishery business. In the case of medium trawls in the East Sea, he/she shall classify the fishing gear into the current side system, which is visible to the current side of the vessel, and the open line, which is visible from the stern. Under the conditions of permission, the Regulations on Permission, Report, etc. of Fisheries amended on April 28, 2010 on the Conditions of Permission of Fishing trawls in the East Sea (hereinafter “Rules on Permission, Report, etc. of Fisheries”) shall not be installed as a fishing vessel except for fishing vessels installed as a slope on the side of the vessel before July 30, 201, and shall not be installed as a fishing vessel under the aforementioned rules on permission of fishery business. However, the Rules on Permission of Fishing trawlss in the East Sea prohibit installation of a fishing vessel or other similar facilities as a fishing permit.
However, this restriction or condition of fishery permission has the effect of prohibiting the operation of the vessel in result.
In this regard, as long as the Defendants and the defense counsel sufficiently render legal cooperation on the application and interpretation of the fishery permission rules, this part of the facts charged is judged to have no particular problem in guaranteeing the defendant's right to defend, and thus, it is recognized ex officio without any amendment of indictment.
A. Defendant A, around August 19, 2010, was on board the above E and entered into a port on the 21st day of the same month, using a line slope from the inshore day in the same year until he entered the port of the same month.