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(영문) 대전지방법원 홍성지원 2015.09.23 2015고단605
사기등
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 7,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain of coastal multi-purpose fishing vessels D(2.99 tons), and Defendant B is a seafarer who is on board D and is a diving assistant who manages the air string that supplies oxygen to divings and confirms the movement of divings and delivers it to the captain.

1. The Defendants were willing to unlawfully gather fishery products, such as e, victim F (n, 66 years of age), together with the Defendants’ co-offenders, by engaging in diving operations and collecting them illegally.

At around 23:00 on February 13, 2015, the Defendants, occupationally killed, etc., were able to carry out diving operations on the sea near the Yancheon-si, Yacheon-do, Yacheon-do, Yacheon-do, Yacheon-si operated an engine, and the Defendant F and E carried the air compression, wearing divings and wort, wearing a diving and wort, and were supplied with a oxygen by air air connected to the compressed machine and obtained water from the respiratory machine at sea.

At night and at the same time, there were circumstances that divings obtained on the sea at around 21:00 on the same day and did not secure the view, and in such a case, the captain who directs the operation of divings shall not instruct the operation of divings after sunset. In the event of diving operations, a thorough investigation shall be conducted on the depth, tide, correction, sea route, etc. of the diving zone in which divings may be diving prior to diving, and a safe operation of divings shall be conducted on the part of diving assistants assigned from the site so that they do not conflict with each other. At the same time, the captain has a duty of care to safely check the movement situation of divings, etc., such as the diving of divings, and continuously check the movement situation of divings, etc., and when there is any error, he/she may immediately deliver it to the captain and take appropriate measures.

Nevertheless, even if the Defendants were at night and were in poor condition of correction, the Defendants are able to sleep.

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