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(영문) 창원지방법원 통영지원 2019.02.18 2018고정407

어선법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who is an actual owner of a coastal mixed fishing vessel B (4.86 tons) and is engaged in fisheries as a captain.

A person who intends to use a fishing vessel for navigation or fishing shall not operate the fishing vessel more than the maximum number of persons on board entered in the fishing vessel inspection certificate, and the maximum number of persons on the fishing vessel inspection certificate in the above B shall be three.

Nevertheless, at around 17:10 on September 19, 2017, the Defendant, including the Defendant, boarded-dong fishing boats, was on board a total of four persons, including the Defendant, to depart from the port, and at around 18:55 on September 19, 2017, the Defendant operated the instant B’s fishing vessel inspection certificate by more than three persons on the maximum number of passengers on board when it is discovered during the operation on the sea at approximately 4 miles-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Summary of Evidence

1. Defendant's legal statement;

1. A report on a violation of the Fishing Vessels Act (in excess of the maximum number of persons on board) arrest;

1. Evidentiary photographs;

1. Application of B basic fishing vessel information statutes;

1. Relevant Article 44 (1) 7 of the Fishing Vessels Act and Articles 27 (1) 1 of the same Act concerning facts constituting an offense;

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

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