Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the captain of a fishing control vessel C (FRP, 2.13 tons, diesel 197 Emb.).

No fishery right holder designated as a management vessel shall use a management vessel to capture and gather marine animals and plants on the waters other than the designated fishing ground area.

Nevertheless, the Defendant, on June 2, 2017, carried out each network operation on the sea of approximately 1.2 e., the northwest of the breakwater, which is the surface of the water, other than the fishing ground area designated as a fishing ground area in which light management vessel was used.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence photographs;

1. Application of Acts and subordinate statutes to a copy of an enforcement manual, a location map, and a statement of fishery permission;

1. Article 98 subparagraph 4 of the Fisheries Act and Article 27 (4) of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the Defendant and the defense counsel, the Defendant and the defense counsel used C designated as a fish farming management vessel due to the failure of D designated as the management vessel of each net fishery business, which asserts that it is an act that does not go against the social rules and regulations by managing the fishing ground generally being carried out in the fishing village fraternity.

In the case of lives, according to the relevant laws and regulations, a specific fishing ground has been designated as a prior to the management thereof.

Even if approval from the Mayor, etc. is obtained, the same fishing vessel can be used as a management vessel in other fishing grounds. However, the defendant used C as a management vessel for aquaculture without obtaining approval from the Mayor, etc., and the defendant's act cannot be deemed as a justifiable act that is extremely reasonable in terms of social life or that does not violate social norms, and thus, the defendant and his defense counsel's assertion shall not be accepted.