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(영문) 울산지방법원 2019.07.16 2019고정334

어선법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the captain B (two persons on board the ship, 0.9 tons, maximum number of persons on board the ship).

No person shall use a fishing vessel for navigation or fishing operations in excess of the maximum number of persons on board entered in a fishing vessel inspection certificate.

On December 30, 2018, the Defendant: (a) on December 30, 2018, around 11:35, 2018, on board three or more persons on board the said fishing vessel’s maximum boarding capacity at the downstream of the Ulsan-gu Southern River; (b) sailed from the port to the entrance of the central breakwater in the Ulsan-si, Ulsan-si, and operated through the navigation at the port; and (c) on February 14, 206, the said fishing vessel is mooring as an engine

C used the fishing vessel for navigation and operation exceeding the maximum number of persons on board until it is returned out of tow.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. The criminal place;

1. On-site documentary evidence photographs;

1. Application of Acts and subordinate statutes concerning shipping certificates, fishing vessel inspection certificates and fishery permission certificates;

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;