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(영문) 대구지방법원 포항지원 2016.09.07 2016고정306
선박의입항및출항등에관한법률위반
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

Punishment of the crime

The defendant is a shipmaster who is concurrently a captain of C (port registry, 4.63 tons, coastal complex).

No one shall engage in fishing at a place or sea route where vessel traffic might be obstructed at a trade port.

Nevertheless, the Defendant, at around 07:21 on May 6, 2016, carried a sea-based net (200 meters x x 14, 2,800 meters in total length of boxes) a sea-based net (10km x 200km) located in the sea-based 0.6 nautical miles (Fix. 36-05.4N, 129-28.6E) located within the port boundaries and near the sea route in the territorial sea.

Accordingly, the defendant is engaged in fishing within the boundaries of a port, which is a place that is likely to obstruct the traffic of vessels in the port of international trade, and at a near a sea route.

Summary of Evidence

1. Defendant's legal statement;

1. The water zone in the port of call;

1. Ship documents, such as inquiries into ships and shipping certificates;

1. Application of Cryptic Acts and subordinate statutes

1. Subparagraph 5 of Article 57 and Article 44 of the Act on the Arrival, Departure, etc. of Ships under the relevant criminal facts;

1. Articles 70 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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