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(영문) 대전지방법원 홍성지원 2016.11.24 2016고정172

어선법위반

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 owns a fishing boat B (6.52 tons) for the shipment of Seocheon-gun, and is a person engaged in fishery by using B.

The owner of a fishing vessel shall not use his/her fishing vessel for sailing or fishing without undergoing a fishing vessel inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, at around 16:00 on October 2, 2014, the Defendant used the same fishing vessel for fishing operations without undergoing a fishing vessel inspection from the Korea Ship Safety Technology Authority, when a marine accident occurs in which fishing vessels are loaded with fishermen on the sea near the Hongwon-gun, Seocheon-gun, Seocheon-gun, and they are faced with floating goods at sea during navigation.

On September 13, 2015, at around 08:00, the Defendant used the vessel for fishing operation without undergoing a fishing vessel inspection from the Korea Ship Safety Technology Authority (20,750,870 won for repair costs) due to the occurrence of a marine accident involving fishing guests on the sea near the Hongwon Port in Seocheon-gun, Chungcheongnam-gu, 201 and facing oil at sea during navigation.

Accordingly, the defendant used a fishing vessel for operation without undergoing a temporary inspection under the Fishing Vessels Act, while repairing a fishing vessel which is likely to affect the seaworthiness of the vessel or the maintenance of safety of human life through a marine accident, etc. twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice on the payment of fishing vessel insurance money, repair photograph, etc.;

1. Investigation report (verification of operations B);

1. The application of Acts and subordinate statutes to report internal investigation (case-by-case);

1. Relevant Article 44 (1) 4 of the Fishing Vessels Act and Article 21 (1) 4 of the same Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;