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(영문) 광주지방법원순천지원 2020.09.15 2019고정374

어선법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner and the captain of the fish plantation B (4.97 tons) of the fish trial fish plantation and the person engaged in deep-sea fishing as the captain.

A fishing vessel shall not be used for navigation or fishing in excess of the maximum number of persons on board entered in a fishing vessel inspection certificate.

Nevertheless, at around 11:00 on June 28, 2019, the Defendant: (a) moved two seafarers on board a small-sized fishing vessel D (1.01 ton) that was on board a fish farm, which was on the sea along with C North Korea Ocean at the time of leisure, to B; (b) was on board the said B at around 12:30 on the same day; (c) was on board the said B by operating approximately 1.2 E North Korea bank at around 12:30 on the same day; and (d) was on board more than four persons, the maximum number of persons on board the B’s fishing vessel inspection certificate, as the maximum number of persons on board the ship.

Summary of Evidence

1. Reporting on detection of a person who violates the Fishing Vessels Act;

1. A photographic documentary evidence of violation of the Fishing Vessels Act;

1. Application of Acts and subordinate statutes to investigation reports (in relation to attachment of B ship documents, etc.);

1. Article 44 (1) 7 of the Fishing Vessels Act and Article 27 (1) 1 of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

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;