logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2015.12.22 2015고정633
어선법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the owner of a coastal multi-modal fishing vessel B (1.99 tons) and the captain of a vessel who is engaged in fisheries.

1. Any person who violates the Fishing Vessels Act shall not use a fishing vessel for navigation exceeding the maximum number of persons on board entered in a fishing vessel inspection certificate, and the maximum number of persons on board mentioned above B shall be limited to one person;

Nevertheless, at around 11:20 on August 19, 2015, the Defendant boarded 13 persons, such as a change of fishing, including the Defendant, from the head of the Dong-dong fishing place in front of the landing place of the ship at the time of the 11:40-day, and operated to the same landing place at the same time, and used them for navigation with more than 12 persons, who are the maximum number of persons on board stated in the vessel inspection certificate on the vessel.

2. For a person who intends to operate a fishing vessel business in violation of the Fishing Management and Fishing Promotion Act, a report summary on the objects, scale, age, facilities, etc. of the fishing vessel;

A report on the fishing vessel on the reported matters, such as the number of the fishing vessel and the name of the fishing vessel, shall be prepared and reported to the head of the Si/Gun/Gu having jurisdiction over the port of shipment of the relevant fishing vessel.

Nevertheless, the defendant operated the fishing vessel business without reporting, such as receiving 20,000 won per person who is replaced by fishing in the course of operation as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes to documentary evidence photographs, copies of shipment certificates, copies of fishery permits, and copies of fishing vessel inspection certificates;

1. Article 44 (1) 7, Article 27 (1) 1 (the point of navigation of a fishing vessel which violates the maximum number of persons on board), Article 53 (2) 4, Article 25 (1) (the point of navigation of a fishing vessel which violates the minimum number of persons on board), and the selection of fines for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow