A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the master of the E (7.93 tons) and the shipowner.

According to the size, shape, quantity and method of use of fishing gear by type of fishery business under Article 23 of the Fishery Resources Management Act, fishing gear shall be carried on only on board a vessel in cases of coastal fishing.

Nevertheless, at around 17:00 on September 2, 201, the Defendant was arrested by the public official of fishery supervision on board Taean-gun Fisheries Guidance Line F, where the Defendant was suspected of carrying one net gear with the fishing gear at the sea of 1.5 Ethm, Dong-gu, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Annan-gun, Annan-do, the 17:00 west-do.

Summary of Evidence

1. The defendant's partial statements in the fifth trial records;

1. Legal statement of witness G;

1. Application of statutes on site photographs;

1. Article 65 Subparag. 4 and Article 23(1) of the former Fishery Resources Management Act (Amended by Act No. 11566, Dec. 18, 2012); Article 10(1) [Attachment Table 11] of the Enforcement Decree of the said Act (Amended by Presidential Decree No. 24455, Mar. 23, 2012; hereinafter the same shall apply) concerning criminal facts;

III. 2.b.

(3) Selection of fines (hereinafter referred to as "fine").

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. Attached Table 11 of the former Enforcement Decree of the Fishery Resources Management Act;

III. 2.b.

3) (hereinafter referred to as “instant provision”)

The purport of the provision that "shall carry fishing gear only on the main line" is to prohibit a towing act. Thus, the act of carrying a damaged fishing gear, which cannot be seen as violating the provision of this case, on the auxiliary line, cannot be said to be an act of carrying it on the main line.

However, in this case, as stated in the facts charged, the Defendant was in a condition that the Defendant’s loss in the attached ship can not be used in the act of towing with tearing.

Therefore, the Defendant cannot be deemed to have violated the instant provision.

2. The objective meaning of the language of the provision of this case is that the vessel capable of carrying fishing gear is limited to the vessel on board, and that of this case.