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(영문) 전주지방법원 군산지원 2020.06.16 2020고정70
어선법위반
Text

Defendant

A and B shall be punished by a fine of 500,000 won.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in fisheries as the captain of the coast cab vessel C(3.66 tons) with the coast cab vessel C(3.66 tons), and the defendant B is an owner of the above C(3.66 tons) and is engaged in fisheries.

1. Where a person is issued a certificate of ship's nationality, etc., he/she shall, without delay, indicate the name of the fishing vessel, port of shipment, gross tonnage, measurement of sea degree, etc. on the fishing vessel, and shall not conceal, alter or remove the indication of the fishing vessel name, etc. and shall not use the fishing vessel for navigation or operation;

Nevertheless, at around 05:16 on September 25, 2019, the Defendant, prior to departure from the port of Sinsi-si, Sinsi-si, Sinsan, for the purpose of detection of fish-gun at approximately 400 meters away from the west side of the west-do, Do, 100 meters away from the port of Sinsi, Sinsi-si, Sinsi-si, Sin-si, for the purpose of detection of fish-gun at approximately 400 meters away from the west side of the west-do, at around 10:15 on the same day, after boarding four seafarers on a white paint (3.6 tons).

Accordingly, the defendant removed the name of the fishing vessel and the indication of the port of registry, and used the fishing vessel for navigation.

2. Defendant B, who is an employee of the defendant, caused the defendant A to commit the above violation in relation to the defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the police suspect interrogation protocol against the Defendants

1. A report on the inspection of occurrence of a case, arrest of an illegal vessel (not indicated, such as the law of a fishing vessel, name of a vessel, etc.), report on internal investigation (verification, etc. of matters subject to C fishery permission), and report on internal investigation (in relation to attachment of detailed information

1. Requests for cooperation in each investigation and detailed information about C entry into and departure from September 25, 2019;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Defendants of the relevant Article on criminal facts and the choice of punishment: Articles 48 (2), 44 (1) 3, and 16 of the Fishing Vessels Act;

1. Defendants of detention in the workhouse: Article 70(1) and (2) of the Criminal Act.

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