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(영문) 창원지방법원 통영지원 2017.01.25 2016고정431

선박안전법위반등

Text

Defendants shall be acquitted respectively.

Reasons

1. The Defendant is the owner and captain of a fishing vessel C (9.77 tons) with a common fishing vessel and a common fishing vessel.

(a) No owner of a vessel violating the Safety Act shall place the structure, engine, equipment, etc. of the relevant vessel after undergoing a shipbuilding inspection or ship inspection, or modify or remodel the relevant vessel, and shall maintain the vessel's hull, engine, equipment, etc. in a state of normal operation and operation;

However, on July 9, 2015, the Defendant, after undergoing a temporary inspection by the Korea Ship Safety Technology Authority, had extended the structure above the hulls to use it as a resting space for the passengers. On the 10th day of the same month, the Defendant extended the structure above the hulls to 15.81 cubic meters from 14.71 cubic meters, which is the anchorage at the landing point of the ship in the Tongyang-gu, Seoyang-gu, Busan Metropolitan City, the anchorage of which is the anchorage around 09:00, extended to 30.528 cubic meters.

Accordingly, the defendant, after undergoing a ship inspection, expanded 9.77 tons of a ship to 12 tons of a ship and changed the assignment of a ship.

(b) Any person who intends to remodel or repair a fishing vessel violating the Fishing Vessels Act, which has an impact on the strength, watertightness, or fire prevention of its hulls due to the length, width, depth, or main body of its hulls, or to alter the details stated in the fishing vessel inspection certificate, shall undergo a temporary inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use the fishing vessel which has not undergone

However, the Defendant used the above vessel for navigation or operation over 53 occasions between July 9, 2015 and March 5, 2016, without undergoing a temporary inspection, even though the volume of the upper structure of the said vessel was 15.817 cubic meters, and the tonnage was increased by approximately two tons in terms of the provision.

2. In the instant case, the evidence presented by the prosecutor alone cannot be deemed as an unlawful act falling under Articles 83 subparag. 3 and 15 subparag. 1 of the Ship Safety Act, and there is no evidence to prove otherwise.

3. Violation of the Fishing Vessels Act; and

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