Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant is the owner and captain of “C”, who is a coastal self-help fishing vessel, and is engaged in fisheries as the captain.

If the Minister of Oceans and Fisheries deems it necessary for the propagation and protection of fishery resources, he/she may determine the period, area, depth of fishery resources, body length, etc. during which capture and gathering are prohibited, and in cases of large spots, he/she shall not capture and gather fishery resources of not more than 9cm in length.

Nevertheless, on March 14, 2015, from around 03:50 to around 13:30 on the same day, the Defendant captured 104 mar with the body length of less than 9cm while operating the above “C” and capturing the body length of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. Inquiries about the fact to the coast guard library in the East Sea disaster;

1. Investigation report (to hear statements from the competent telephone officer in charge);

1. The defendant had the intention to discharge less than the body length by performing classification work after entering a port;

The argument is asserted.

However, the following circumstances revealed in accordance with the evidence of the judgment, 1 The defendant was not in custody at the time of the control, but had already been in custody in a box through the first screening process (Evidence No. 23,34 of the evidence record), 2, the measurement of the body of the box by using the equipment, such as “truth, California,” etc., which measure the body of the box, and even though there is no special difficulty in classifying and releasing the body less than 10 marith on the ship, the defendant can be recognized as capture by the defendant, taking into account the following circumstances: (a) the defendant was in custody of more than 10 mariths without filing a prior report until the passage of 20 maths after entry into the port; and (b) the defendant was in custody of more than 100

Application of Statutes

1. Article 65 Subparag. 1 and Article 14(1)1 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015) regarding criminal facts.