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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. Those who intend to capture or gather marine animals and plants in military bases and protection zones under the Protection of Military Bases and Installations Act shall obtain permission from the commander of the jurisdictional unit, etc. in advance;
Nevertheless, at around 22:24 on July 17, 2013, the Defendant, without permission, worn a scooters equipment for divings, such as oxygen, on the part of the military air base headquarters (control protection zones) located on the outside of the air base line, locked the Defendant into the inside side of the air base line, and captured approximately 30 scoos around the 7 seconds adjacent sea (35-09-04N, 128-36-531E) by Scoo activities from the 22:50 on the same day.
2. No person, other than fishermen, prescribed by the Fisheries Act, shall capture or gather fishery resources using scoo equipment for diving;
Nevertheless, the Defendant captured fishery resources using scoo equipment, such as the above Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Video CDs;
1. Notification of arrest of a person who gathers illegal catches within a controlled protection zone;
1. Application of Acts and subordinate statutes to a report on investigation (verification of suspected crimes of violating the Fishery Resources Management Act, confirmation and attachment of Defendant diving time and location, occupation and fishery permit, etc.);
1. Article 24 (3), Article 9 (1) 3 of the Protection of Military Installations Act (the occupation of capturing marine animals and plants in a controlled and protected zone, the selection of fines), Article 67 subparagraph 2, and Article 18 of the Fishery Resources Management Act concerning criminal facts;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
4. Article 334 (1) of the Criminal Procedure Act.