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(영문) 창원지방법원 통영지원 2018.10.19 2018고정238
선박의입항및출항등에관한법률위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is a fishing place of the fishing boat C at Changwon-si, a fishing place of the fishing vessel at the port of loading the baseline, and a fishing person of the fleet that instructed the fishing net of the fishing gear by detecting the destroyed fish group inhabited on the seabed as a searcher.

No person shall fish in a place or sea route where the traffic of ships is likely to be obstructed in the water zone, etc. of a trade port.

Nevertheless, the Defendant, at around 06:00 on September 29, 2017, departed from Korea with the main line E and F, a auxiliary line G and H on the same day, and arrived at around 09:00 on the water area of a trade port where the passage of a large-scale and small-sized vessel is frequent and at around 10:00 on the water area of the port where the passage of the small-sized vessel is frequent, and engaged in fishing capturing approximately 50 km from around 09:00 to around 10:40.

Accordingly, the Defendant, in the water zone of trade ports, was engaged in fishing on the place and sea route where there is a concern to obstruct vessel traffic.

2. The Defendant Company B, Inc., committed an act of violation against Defendant A, the employer of Defendant Company, as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made to the prosecutor by the J;

1. The application of the Acts and subordinate statutes of V-Pass (V-Pass) to the arrest report of a non-compliant vessel, the evidentiary photo, investigation report (influence of operation), and C team operation;

1. Defendant A: Article 57 subparag. 5 of the Act on the Arrival, Departure, etc. of Ships, and Article 44 subparag. 2 of the Act on the Arrival, Departure, etc. of Ships: Articles 58, 57 subparag. 5 and 44 of the Act on the Arrival, Departure, etc. of Ships;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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