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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On August 29, 2013, at around 21:00 on May 29, 201, the Defendant collected a large quantity of dives using a rubber boat, which was installed with a divers collecting fishing gear from a sivers in the sivers of Gyeong-gun, Gyeongnam-gun, Gyeongcheon-gun, a rubber boat installed with a motherter, without obtaining permission from the head of Si/Gun/Gu, even though a person wishing to run a fish gathering fishery in inland waters in violation of the Inland Water Fisheries Act.
2. No person who violates the Water-Related Leisure Activities Safety Act shall navigate any power-driven water leisure craft which is permitted to operate with an operator license without obtaining an operator license;
Nevertheless, at around 21:00 on August 29, 2013, the Defendant, without obtaining an operator license, operated rubber boats with a motor vehicle powered water leisure craft without an operator license, in order to collect sludges from the Magcheon-gun, Gyeongnam-gun.
Summary of Evidence
1. Defendant's legal statement;
1. C’s legal statement;
1. Notification of the results of inquiry into whether an operator license exists, and application of statutes attached to a copy of the duties of the Korea Coast Guard;
1. Relevant Article 25 (2) 1 and Article 9 (1) 4 of the Inland Water Fisheries Act concerning a crime, the selection of fines for negligence, the main sentence of Article 57 and the main sentence of Article 20 of the Water-Related Leisure Activities Safety Act, and the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Summary of the facts charged
A. From September 5, 2013, at around 01:00 on September 5, 2013, the Defendant collected approximately 40 km 40 g of a slick in rubber boats, which were installed with a slickter in the slick-gun of Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun, without obtaining permission for inland fisheries from the head of Si/Gun/Gu, on inland waters in violation of the Inland Water Fisheries Act.
(b).