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Reasons
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(영문) 울산지방법원 2015.03.12 2014고정1923
개항질서법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

C A person boarding a ship at the port of loading port D (29 tons) with a fishing ground that takes overall command of the fleet, and the defendant is a person who employs C and engages in inshore fishery.

No person shall fish at a place within the boundaries of an open port, etc. where ship traffic might be obstructed, or on a sea route designated and publicly notified by the Minister of Oceans and Fisheries.

Around 06:00 on January 11, 2014, C, an employee of the Defendant, went through fishing within a navigation range that could interfere with vessel traffic by taking overall command of the work line E (35 tons) and F (35 tons) of the same line in the port boundaries of Ulsan Port from 07:20 to 08:30 on the same day (35-25.29 N, 129-26.88E).

Summary of Evidence

1. C’s legal statement;

1. Evidentiary photographs;

1. Application of the Acts and subordinate statutes governing GIS data;

1. Article 47, Article 46 subparagraph 2, or Article 37 of the Public Order in the Open Ports Act concerning facts constituting an offense;

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

1. The defendant and his/her defense counsel on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant should be exempted from liability pursuant to the proviso to Article 47 of the Public Order in Open Ports Act, since the defendant and his/her defense counsel have fulfilled considerable care

According to the submitted data, around June 2013 and around September 2013 of the same year, the Defendant delivered the legitimacy of the Defendant, the shipowner, to the captain and crew members, and posted the special legitimacy of the usual area on board the ship. Among the party contents, the fact that “in the course of fishing operations, the Defendant does not have to engage in illegal fishing operations in violation of the current statutes” is acknowledged.

However, illegal fishing has a variety of types.

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