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(영문) 부산지방법원 2013.05.20 2013고정603

개항질서법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is the master and the defendant B is the owner of the above ship and the employee of the defendant A.

No person shall fish at a place within the boundaries, etc. of an open port, where ship traffic might be obstructed, or on a sea route designated and announced by the Minister of Land, Transport and Maritime Affairs.

1. Nevertheless, from around 10:00 on December 12, 2012 to around 10:30 on the same day, Defendant A captured an amount of KRW 500,000 (50,000 at the market price of 128-48-731E) at the sea (35-00-924N, 128-48-731E) only if he knows that he/she would not engage in fishing at the port of Gangseo-gu Busan Metropolitan City, which is located within the boundaries of an open port.

2. In order to prevent fishing within the boundaries of an open port, Defendant B neglected to exercise reasonable care and supervision over the pertinent duties and caused Defendant A, an employee of the Defendant, to perform the said duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the arrest of the criminal who violates the Public Order in Open Ports Act;

1. Elimination of the violation vessel C;

1. Application of Acts and subordinate statutes to C on-site photographs of violating vessels;

1. Article applicable to criminal facts;

(a) Defendant A: Article 46 Subparag. 2, and Article 37 of the Public Order in Open Ports Act;

B. Defendant B: Articles 47, 46 Subparag. 2, and 37 of the Public Order in Open Ports Act

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act