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(영문) 창원지방법원 통영지원 2017.01.25 2016고정435
선박안전법위반등
Text

Defendants shall be acquitted respectively.

Reasons

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

(a) No owner of a vessel violating the Safety Act shall place the structure, engine, equipment, etc. of the relevant vessel after undergoing a shipbuilding inspection or ship inspection, or modify or remodel the relevant vessel, and shall maintain the vessel's hull, engine, equipment, etc. in a state of normal operation and operation;

However, on August 19, 2015, the Defendant, after undergoing a temporary inspection by the Korea Ship Safety Technology Authority on August 19, 2015, extended the structure on the hull to use it as a resting space for fishing visitors, and extended the 14.52 cubic meters away from 14.92 cubic meters, the upper part of the structure on the hull to the 20th day of the same month, which is an anchorage around 09:00 of the same month.

Accordingly, the defendant, after undergoing a ship inspection, expanded 9.77 tons of a ship to 12 tons of a ship and changed the assignment of a ship.

(b) Any person who intends to remodel or repair a fishing vessel violating the Fishing Vessels Act, which has an impact on the strength, watertightness, or fire prevention of its hulls due to the length, width, depth, or main body of its hulls, 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

However, the Defendant used the above vessel for navigation or operation 8 times from August 19, 2015 to February 29, 2016, without undergoing a temporary inspection, even though its tonnage exceeds 14.925 cubic meters of the volume of the upper part of the structure of the vessel, such as “A”, and even if its tonnage exceeds 2 tons, it was not subject to a temporary inspection.

2. In the instant case, the evidence presented by the prosecutor alone cannot be deemed as an unlawful act falling under Articles 83 subparag. 3 and 15 subparag. 1 of the Ship Safety Act, and there is no evidence to prove otherwise.

3. Part on violation of the Fishing Vessels Act; and

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