beta
(영문) 창원지방법원 통영지원 2016.08.17 2016고정270

선박의입항및출항등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Criminal facts

The Defendant is the owner and captain of a non-registered vessel (0.8 tons, necked vessel).

No person shall fish in a place or sea route which is likely to obstruct the traffic of ships in the water zone, etc. of a trade port.

However, on April 22, 2016, the Defendant, at around 11:35, set off a fishing boat located in the front line of Pyeongtaek-dong, Pyeongtaek-dong, Pyeongtaek-dong, in order to operate a fishing boat in his own possession, between 1:40 and 11:50 on the same day, operating between the air route of the vessel in the port of through (7) and (8) of the air route.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on arrest of the offender in violation;

1. Evidentiary photographs;

1. Application of Acts and subordinate statutes to the report of investigation;

1. Punishment as a fine, on the grounds that Article 57 Subparag. 5 and Article 44 of the Act on the Arrival, Departure, etc. of and the elective Ship for Criminal Facts is only applicable to Article 57 Subparag. 5 and the

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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