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Defendants shall be punished by a fine of KRW 7,000,000.
The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A is the captain of E (59 tons) who is the trawls in the East Sea at the time of racing, and the defendant B is the owner of the above E.
If the Minister of Oceans and Fisheries deems it necessary for the propagation and protection of fishery resources, he/she may restrict the size, form, quantity, method of use, etc. of fishing by type of fishery business. In the case of medium trawls in the East Sea, the Minister shall classify the fishing gear into the current side that operates the fishing gear in the direction of the present side and the unfold that operates the fishing gear in the stern. Under the conditions of permission, the Rules on the Permission, Report, etc. of Fisheries (hereinafter referred to as the “Rules on Fishery Permission”) amended on April 28, 201 with respect to the conditions of the permission for fishery business in the East Sea shall not include any restrictions on the permission for fishery business except for fishing vessels installed on or before July 30, 201, which installed a slope on or before the stern side of the fishing vessel. However, the Rules on the Permission, etc. of Fishery Business (hereinafter referred to as the “Rules on Fishery Permission”) prohibit the installation of a fishing vessel by means of an indictment or other similar conditions for fishery business permission.
However, this restriction or condition of fishery permission has the effect of prohibiting the operation of the vessel in result.
In this regard, as long as the Defendants and the defense counsel sufficiently render legal cooperation on the application and interpretation of the fishery permission rules, this part of the facts charged is judged to have no particular problem in guaranteeing the defendant's right to defend, and thus, it is recognized ex officio without any amendment of indictment.
1. Defendant A, on September 20, 201, was on board the above E and entered into the port of the same month on September 23, 2010, using a slope from the inshore day in the East Sea to the stern.