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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. A person who intends to run a diving fishery business without permission from the Minister of Oceans and Fisheries even though he/she obtained permission from the Minister of Oceans and Fisheries for each fishing vessel or fishing gear, the Defendant, without obtaining permission from the Minister of Oceans and Fisheries for each fishing vessel or fishing gear, was in line with C, D, from October 10 to October 11, 200 of the same month, from October 11, 2016 to October 04:00 of the same month, the Defendant, as the captain of E (4.76 tons) the above fishing vessel at the 1 nautical miles from the North Korean Pacific East-do, the Eup in the Pacific-do, the Gyeonggi-do, and C and D, from October 19, 2016 to October 25, 2015: (a) the Defendant, as the captain of E (4.76 tons).
Accordingly, the Defendant, in collusion with C and D, engaged in unauthorized diving fishery.
2. The Defendant, as the captain of E, is a person who operates E and engages in diving fishery.
On October 12, 2016, the Defendant, at around 01:50, operated E at the sea of approximately 1 nautical miles in the north-do, the North west-do, the Gyeonggi-do, the North Korean Postal Eup, thereby collecting a knife by the method of diving fisheries.
Since diving fishing has a high risk of safety accidents during underwater work, in such a case, as a captain who exercises overall control over diving fishing, he/she shall allow one diving room to operate the diving fishing, prohibit him/her from operating it at night, and have a duty of care to take necessary measures immediately when an emergency situation occurs and prevent safety accidents in diving.
Nevertheless, in order to avoid the crackdown on unauthorized fishing and to collect a large amount of kids at a short time, the Defendant: (a) at night, d(57) and C are diving at the same time to operate operations; and (b) during the process, air supply management connecting divings to divings has been pushed each other; (c) the Defendant was under operation at the sea of about 27 meters in depth.