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(영문) 광주지방법원목포지원 2020.09.08 2019고정335

선박의입항및출항등에관한법률위반

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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of B(3.4 tons and booms) who is a coastal complex fishing vessel.

On August 26, 2019, at around 19:10, the Defendant left the port after having 3 persons, including C, the Defendant, who is the seat of the Defendant, on board, for the purpose of capturing the red sea and the boom at the moorings of small-sized fishing vessels located in the North Korea-U.S. Mapo-dong, Mapo-dong.

No person shall carry out fishing including the installation of fishing gear, etc. on a place or sea route which is likely to obstruct vessel traffic, such as the water zone of a trade port.

Nevertheless, the Defendant, around August 26, 2019, arrived at the Doming-dong located in the Mapo-si, Jeonnam-si, the water zone of the trade port on August 26, 2019, and engaged in fishing by up to 22:00 on the same day after he/she arrived at the sea near the Yari-ri (GPS FIX 34-44.69N 126-21.68E).

Summary of Evidence

1. Defendant's legal statement;

1. Domination photographs, vessel detailed information (B, vessel entry and departure management system), information about the events within the boundaries of the port prior to the Peace Square in 2019 (D), BV-PAS port drawings, and B list of passengers on board;

1. Application of Acts and subordinate statutes to investigation reports (in cases of telephone conversations for fishing passengers), recording records of the investigation details of telephone conversations by witnesses E, recording records of the investigation details of telephone conversations by witnesses C;

1. Article 57 subparagraph 5 of the relevant Act on the Entry into and Departure from Port, etc. of Ships and Articles 44 of the Act on Criminal Facts;

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;