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(영문) 창원지방법원 마산지원 2018.10.11 2018고정235
어선법위반
Text

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

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

Reasons

Criminal facts

The defendant is the owner of a ship of C (1.06 tons) and the captain of a ship operating a fishery business at the port of loading the Masan-si, Changwon-si.

No one shall use the vessel for navigation or fishing in violation of the location, etc. for display of full draft repair recorded in the certificate of inspection of fishing vessels.

In addition, the above C’s fishing vessel inspection certificate contains the phrase “the conditions related to navigation and navigation” as “to exempt the installation of radar reflectrs and prohibit night navigation.”

Nevertheless, on June 2, 2018, the Defendant departed from the Republic of Korea via the above C at around 04:35, a day prior to the sunrise (05:12) and used C for night navigation to the neighboring sea of the low-do Gyeongdo Masan-si, Changwon-si (04:45 on the same day) around the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each E statement;

1. Application of examination reports (19 pages of investigation records), shipment certificates (20 pages of investigation records), fishing vessel register (21 pages of investigation records) and statutes;

1. Article 44 (1) 7-2 and Article 27 (1) 1 of the Fishing Vessels Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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