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(영문) 창원지방법원 통영지원 2021.03.31 2020고정305
어선법위반등
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is the captain of the sea-fishing boat C (9.77 tons, maximum number of persons on board) of the sea-fishing boat transport vessel in the coastal sea-fishing boat, and the defendant B is the owner of the above C.

1. Defendant A

A. In the event of passing a regular inspection on fishing vessel in violation of the Fishing Vessels Act, the fishing vessel shall not be used for navigation or fishing in excess of the maximum number of persons on board stated in the certificate of maximum number of persons on board, and the maximum number of persons on the certificate of inspection on fishing vessel C was designated as two.

Nevertheless, at around 09:56 on June 22, 2020, the Defendant, at the port of destination, 09:56, 4 persons exceeding 2 persons on board and departing from the port of destination, who are stated on the vessel inspection certificate of the above C, and used them for navigation and operation in excess of the maximum number of persons on board on the vessel inspection certificate of the above C, at around 06:02 of the same month. On June 24, 202, at around 06:02 of the same month, the Defendant entered the port of macro-sib, etc. [Attachment 1] / [Attachment 1] Around 38 times in total.

(b) No person who violates the safe navigation of a ship shall use a ship for navigation in violation of the navigation-related conditions entered in a ship inspection certificate, etc.;

In that sense, the above C’s provision on the conditions related to navigation of the fishing vessel inspection certificate was stated as “the prohibition of navigation from night (from night 30 minutes after sunset to night 30 minutes before sunrise)” and thus, the above vessel was a vessel whose navigation was prohibited at night.

Nevertheless, the defendant at night on June 22, 2020, while committing the same act as the above facts constituting the crime of this paragraph

6.23. Nighttime;

6. 24. 24. The above C was used for night navigation over a total of 59 times, such as the details of the crime inundation list (attached Form 2) by night navigation accompanied by fishing over three days.

2. Defendant B, an employee of Defendant B, committed the same act as the facts constituting the crime No. 1-A and No. 1-B concerning Defendant B’s business.

Summary of Evidence

1. Defendants’ respective statutory statements, fishing vessel laws and vessel safety laws (the maximum number of passengers exceeds the maximum number of passengers, prohibition of night navigation), and arrest of the Defendants.

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