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(영문) 제주지방법원 2017.01.20 2016고정787

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

Punishment of the crime

The Defendant is the actual owner and captain of Jeju Coast Complex Ship C(3.31 ton).

No person shall fish (including installment of fishing gear, etc.) at a place or sea route where it might obstruct the traffic of vessels in the water zone, etc. of a trade port.

Nevertheless, the Defendant, at around 18:00 on July 3, 2016, departing from the port of North Korea located in Jeju-si, and engaged in fishing at the port of Jeju-si from around 18:10 on the same day to around 22:10 on the same day (33-31.58N 126-3.42 E) at a place where trade port might interfere with vessel traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Instructions, reporting, and notification of measures for the mooring of fishing vessels in possession of the sea lane;

1. A report on arrest of a ship in violation of the Act on the Arrival, Departure, etc. of Ships;

1. All of the documents on ships, such as detailed information on entry and departure ports, V-PAS C ports, and ship certificates (a copy);

1. Investigation report (for confirmation of the actual owner of theC), and family relation certificate;

1. C Application of Acts and subordinate statutes governing evidentiary materials;

1. Subparagraph 5 of Article 57 and Article 44 of the Act on the Arrival, Departure, etc. of Ships under Criminal Facts;

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;