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(영문) 부산지방법원 2013.11.19 2013고정4683

개항질서법위반

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the person who is engaged in fishery as the owner and also the captain of Seo-gu Coast Guard B (3.40 tons).

No person shall fish at a place within the boundaries, etc. of an open port, in which ship traffic might be obstructed.

Nevertheless, at around 12:00 on May 18, 2013, the Defendant: (a) 0.2 math (N 35-03-00 of north latitude and 129-04-50 of east longitude 129-50 of east longitude) operated 30 fishing gear at the sea of 0.2 math (N 35-03-00 of north latitude and 129-04-50 of east 1209

Thus, from around that time to around 12:30 of the same day, the Defendant engaged in fishing that may interfere with the traffic of ships entering and departing from the port of Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Violation of the Public Order in Open Ports Act, documentary evidence photographs, operational field sea map (No. 202) and the application of the law of a copy of the certificate of shipment

1. Article 46 of the relevant Act on Criminal facts and Article 46 of the Public Order in Open Ports Act, the selection of fines, and the selection of fines;

1. Articles 70 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;