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(영문) 창원지방법원 통영지원 2015.10.05 2015고정463
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

Criminal facts

The defendant is the owner of a fishing vessel and the captain of a fishing vessel B (7.93 tons) with a deep sea fishing vessel at the time of transit.

Where the owner of a fishing vessel intends to remodel or repair a hull, such as a hull, a dust, and a side wall of the deck room, which has an impact on the strength, watertightness or fire-prevention, he/she shall undergo a temporary inspection conducted by the Korea Ship Safety Technology Authority delegated by the Minister of Oceans and Fisheries, and shall not use a fishing vessel for navigation or operation without undergoing a temporary inspection.

Nevertheless, the Defendant used the ship for navigation over 217 times in total, as shown in the attached Table 217, on April 2015, inasmuch as it had been remodeled to extend the side walls of the deck in the Dagdong-gun, Jin-gun, Jinnam-gun, for about 10 days from April 2014, by 27.80 cubic meters, without undergoing a temporary inspection from the relevant agency, and at around 16:22 on May 31, 2015, the Defendant used the ship for navigation in total, as in the attached Table 217.

Accordingly, the defendant passed a fishing vessel without undergoing a temporary inspection from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of an accusation, a statement of illegal capital increase or renovation;

1. A certificate of ship entry and departure from port;

1. Application of Acts and subordinate statutes verifying the remodeling site;

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

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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