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(영문) 부산지방법원 서부지원 2019.08.22 2019고정551
어선법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is on board as a captain of fishing market B (4.91 tons, one seafarer, and 11 passengers) in Gangseo-gu, Busan.

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

1. On December 23, 2018, the Defendant violated the Fishing Vessels Act around 03:58, December 23, 2018, on the ground that around 03:58, the Defendant: (a) around December 23, 2018, the Defendant: (b) around December 23, 2018: (c) around 03:58, the Defendant: (d) placed 21 passengers, who had been staying in the landing place of the outer port of Gangseo-gu, Gangseo-gu, Busan, for the long time, waiting for the fishing passengers; and (d) placed at B of the fishing market, more than 10 passengers on board, and (e) let them disembark part of the passengers on board the breakwater in the place 70 meters away from that place; and (e) left the breakwater to the adjacent tideland and used them for navigation by moving the passengers to

2. On December 23, 2018, around 04:17, the Defendant violated the Fishing Vessels Act on December 23, 2018, and around 04:17, around December 23, 2018, left the port by having 26 persons exceeding 15 passengers on board the ship’s inspection certificate on the offshore of Gangseo-gu, Gangseo-gu, Busan on December 23, 2018, and used them for navigation in excess of the maximum seating capacity.

Summary of Evidence

1. Defendant's legal statement;

1. Situation report (No. 1 No. Serial of evidence list);

1. Ad hoc report:

1. Each investigation report (with respect to confirmation, etc. ofCCTV, the application of statutes concerning the autonomous safety management system of charter fishing boats);

1. Relevant Article 44 (1) 7 of the Fishing Vessels Act and Article 27 (1) 1 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;

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