어선법위반
The defendant shall be innocent.
1. The Defendant is the captain and owner of the fishing vessel C(9.77 tons) with the loading of female fish.
The owner of a fishing vessel shall undergo a temporary inspection where a change that is likely to affect the airworthiness of the fishing vessel or the maintenance of the safety of human life occurs due to a marine accident, etc. as prescribed by Ordinance of the Ministry of Oceans and Fisheries concerning the equipment of the
Nevertheless, the Defendant used the above fishing vessel for navigation 7 times in total from January 14, 2015 to October 20 of the same year, even though it extended above 9.9% of the limit permitted on the upper deck structures of the vessel that could affect the maintenance of the sense of navigation of the fishing vessel at the start of the winter-dong at the time of leisure time, and the Defendant used the above vessel for navigation 7 times in total from around 14, 2015 to around 20, respectively.
2. The gist of the defendant's defense counsel does not have to extend more than C's upper deck structures beyond 100%, which is permitted to extend above deck structures.
3. According to the evidence No. 1 submitted by the Defendant and the witness D’s legal statement, the result of the temporary inspection conducted at the leisure branch of the Korea Ship Safety Technology Authority on July 14, 2016 with respect to C, this inspection was conducted in a state where a acrylic board on board C was attached, and the Defendant did not change the structure of the vessel to pass a temporary inspection after the joint inspection of fishing vessels.
C The volume of the upper deck structure registered as of 2016 is 25.392 cubic meters, and the volume of the waste volume (such as the seafarers’ welfare space) calculated as the extension is 22.471 cubic meters, the original temporary inspection report was written in 20.258 cubic meters, but was in charge of the inspection.
D The portion which was present as a witness in the court and included in the calculation as a witness was corrected to 22.471 cubic meters.
It is recognized that the structure expanded by 8.49% (22.471/25.392) of the registered structure does not exceed 100% of the Do permitted by the Do.
The value of the closed volume registered together with the above recognized facts is different within the scope of the same tonnage.