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(영문) 춘천지방법원 속초지원 2014.06.20 2014고정73

개항질서법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual owner and the captain of B(4.98 tons), which is a fishing vessel permitted to operate a coastal sea in Gangwon-do.

No person shall fish (including the installation of fishing gear, etc.) at a place within the boundaries of an open port, in which vessel traffic might be obstructed.

Nevertheless, around 08:00 on January 30, 2014, the Defendant, at the port of open port, which is located within the boundaries of an open port where vessel traffic might be obstructed, such as the port and port of entry of vessels, installed a fishing gear by throwing away from approximately 100 meters (N 38-12.38, N 128-36.26, N 128-36.26) of self-netgs at the sea (the length: 400 meters).

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of a case in violation of the Public Order in Open Ports Act;

1. Application of B operational location map, information on entry into and departure from ports, confirmation of B details of entry into and departure from ports, drawings of inner departure from ports, and projected location drawings and regulations;

1. Article 46 subparagraph 2 of the Public Order in the Open Ports Act concerning the facts constituting an offense;

1. Articles 70 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;