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(영문) 춘천지방법원 강릉지원 2015.10.16 2015고정298

개항질서법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner or captain of B (4.45 tons, coastal nets, and cargo of the same sea) and is engaged in fishery as the captain.

No person shall fish (including the installation of fishing gear, etc.) at a place within the boundaries of an open port, etc. which is likely to obstruct ship traffic, or on a sea route designated and announced by the Minister of Oceans and Fisheries.

Nevertheless, at around 05:20 on May 30, 2015, the Defendant departed from the port of call at the East Sea, and engaged in fishing at a place where it might interfere with vessel traffic, such as fishing with 10 ductss from 05:40 to 06:30 seconds of north latitude 37:32-90 east longitude and 129:0 east longitude 129:0 east longitude from 05:40 to 06:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes related to the arrest report of the police officer in violation of the Public Order in Open Ports Act and the violation of the Public Order in Open Ports Act;

1. Article 46 subparagraph 2 of the former Public Order in Open Ports Act (repealed by Article 2 of the Addenda to the Act on the Arrival, Departure, etc. of Ships, Act No. 13186, Feb. 3, 2015; hereinafter the same shall apply) and Article 37 of the relevant Act on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.