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(영문) 창원지방법원 통영지원 2017.01.25 2016고단1388
어선법위반등
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 in violation of the Act on the Management and Reclamation of Public Waters is the owner and captain of the fishing C(9.77 tons) fishing vessel in common.

From December 2, 2014 to February 25, 2016, the Defendant, without permission from the competent authority, installed a wood plate (not less than 12m in width, about 5m in length) and steel scrap turb (12m in width and 1m in width) to use public waters as the mooring of C’s vessel, without permission from the competent authority, at a green mountain-ri line, in a public water surface.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 62 Subparag. 2 and Article 8(1) of the Act on the Management and Reclamation of Public Waters through which the relevant Act and the select of a fine concerning facts constituting an offense may be applied;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant is the owner and captain of a fishing vessel C(9.77 tons) with a common fishing vessel and a fishing vessel with a common fishing vessel.

A person who intends to remodel or repair a fishing vessel's length, width, depth, or main body of a vessel to affect the strength, depth, or fireity of the hull, or to alter the details stated in the fishing vessel inspection certificate shall undergo a temporary inspection as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use the fishing vessel which has not undergone an inspection for navigation or operation.

However, on April 19, 2015, the Defendant installed a acrylic board in the opening space of the upper part of the structure of the vessel, and used the vessel for navigation or operation over about 150 times from September 10, 2015 to March 25, 2016, without undergoing a temporary inspection, even though the tonnage exceeds 0.2 tons in terms of the provision.

2. Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year:

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