A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the owner and captain of B (4.66 tons) who is a fish farm management vessel, and is engaged in fisheries.

A person who intends to engage in sectional fisheries shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility, but the defendant, at around 06:10 on August 20, 2019, captured a large of 5 km away from the above Ba-gun, Jindo-gun, Gonam-gun, which is in the neighboring sea area B, using the shellfish net mold.

As a result, the defendant did not obtain permission and carried out a shellfish net fishing belonging to sectional fisheries.

Summary of Evidence

1. Defendant's legal statement;

1. A list of seizure and a protocol of seizure;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Relevant Article 97 (1) 2 and Article 41 (3) 1 of the Fisheries Act concerning facts constituting an offense, the choice of imprisonment, or the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant committed the same crime, resulting in re-offending at least six months from the time of punishment.

However, the defendant voluntarily submits all the sub-committees that the defendant was exposed to and captured in the middle of the crime of this case, and discharges all the sub-committees from the seat, i.e., the profits that the defendant acquired from the crime of this case.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.