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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the owner and captain of a vessel in the inshore B (8.55 tons) at the time of loading and unloading.
The owner of a fishing vessel shall, when he/she intends to remodel or repair the hulls, such as the hulls, dusts, and side walls of decks, etc., which affect the strength, watertightness or fire-prevention of the hulls, undergo a temporary inspection from the Korea Ship Safety Technology Authority delegated by the Minister of Oceans and Fisheries, and shall not use the fishing vessel for navigation or operation without undergoing a temporary inspection.
Nevertheless, on February 3, 2014, the Defendant built at a Korean shipbuilding station located at 216-8, Shin Jong-dong, 2014, and received an initial periodic inspection from the Korea Ship Safety Technology Authority, and received a fishing vessel inspection certificate, and the Defendant used the said vessel for navigation over 41 times in total, as shown in the list of crimes in attached Table, for about 15 days from that date, such vessel’s deck side walls were extended to 166.56 metres, 4 meters from the hull under the upper deck, and 8.62 meters from the related agency, even though the vessel was remodeled to the 166.56 metres, which is the hull under the upper deck, 4 meters from the related agency.
Accordingly, the defendant, without undergoing a provisional inspection from the competent authorities, has navigated a fishing vessel.
Summary of Evidence
1. Defendant's legal statement;
1. A report on investigation;
1. Application of Acts and subordinate statutes to a copy of a loading certificate, a copy of a statement of fishery permission, a confirmation of the remodeling site, a fishing vessel illegal extension or reconstruction, and a confirmation of entry into and departure from
1. Relevant Article 44 (1) 4 of the Fishing Vessels Act and Articles 21 (1) 4 of the same Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.