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(영문) 춘천지방법원 강릉지원 2015.10.16 2015고정299

개항질서법위반

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

The defendant is residing in B at the same time, and is engaged in fishery as C (1.89 tons of coastal sea, coastal sea, and the same sea) who is also the owner of the same sea.

No person shall fish (including the installation of fishing gear, etc.) in any place or sea route where ship traffic might be obstructed within the boundaries, etc. of an open port.

Nevertheless, the Defendant, at around 03:10 on October 30, 2015, departed from the port of the East Sea at the same time, and engaged in fishing with a 11 ducted from around 05:10 to 06:20 on the same day at the port of the East Sea (37-29.05N 129-10.06E) at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes related to the arrest report of the police officer in violation of the Public Order in Open Ports Act and the violation of the Public Order in Open Ports Act;

1. Article 46 subparagraph 2 of the former Public Order in Open Ports Act (repealed by Article 2 of the Addenda to the Act on the Arrival, Departure, etc. of Ships, Act No. 13186, Feb. 3, 2015; hereinafter the same shall apply) and Article 37 of the relevant Act on criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.