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(영문) 전주지방법원 군산지원 2014.10.22 2014고정121
선박직원법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The ship's personnel shall not be allowed to have persons under the disposition of business suspension of 2014 high-scale marine officers serve aboard ship as ship's personnel;

C was under business suspension from March 6, 2013 to October 31 of the same year, or was under business suspension from March 6, 2013.

The Defendant, as lessee of Seocheon-gun-gun Coast Coast Guard E (7.93 tons) fishing vessel E (7.93 tons) and, from the port of port of port located in Seocheon-gun Coast Guard Eup on August 1, 2013 to the port of port of port located in Seocheon-gun Coast Guard on August 1, 2013, at around 14:50 on the same day, C, whose license of ship registration is suspended for five days from the right of port of port of port in Seocheon-gun, Seocheon-gun, Gun Coast Guard,

2. No one shall load fishing gear, other than the fishing gear licensed, permitted, approved or reported in accordance with the Fisheries Act, on board a ship.

The Defendant, at around 19:30 on March 17, 2014, loaded one mold of fishing gear in the above E (7.93 tons, for the purpose of maritime operations at 0.3 miles (N 35-59N, N 126-31 E) of coastal sea-based fishing boat E (7.93 tons, coastwise 126-30 E).

Summary of Evidence

[2014 High Court Decision 121]

1. Partial statement of the defendant;

1. C’s legal statement;

1. Inquiry into whether a license for marine officer has been obtained;

1. Statement of entry and departure;

1. A ship lease contract (2014 high-scale 348);

1. Defendant's legal statement;

1. Each photograph (2014 type 6809 type 8-10 pages of investigation records);

1. A report on inspection of the violated vessel;

1. Application of statutes governing shipment certificates and fishery permission certificates;

1. Article 27 subparagraph 4 of Article 27 and Article 9 (1) 6 of the Ship Personnel Act relating to facts constituting an offense, and Articles 27 (1) 4 and 9 (1) 6 of the Ship Personnel Act (the person, whose license is suspended, on board as a shipmaster) and subparagraph 6 of Article 65 and Article 24 of the Fishery Resources Management Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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