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(영문) 창원지방법원 통영지원 2017.01.25 2016고정440
선박안전법위반등
Text

Defendants shall be acquitted respectively.

Reasons

1. The Defendant is the owner of a fishing vessel C (9.77 tons) with a common fishing vessel.

(a) No owner of a vessel violating the Safety Act shall place the structure, engine, equipment, etc. of the relevant vessel after undergoing a shipbuilding inspection or ship inspection, or modify or remodel the relevant vessel, and shall maintain the vessel's hull, engine, equipment, etc. in a state of normal operation and operation;

However, the Defendant purchased the above vessel and received an interim inspection from the Korea Ship Safety Technology Authority on March 4, 2016, and thereafter expanded the hull’s upper structure to use it as a fishing resting space on the same day and extended it to use it as an fishing resting space at around 16:00 on the same day, and thereafter, the Defendant extended the 16.539 cubic meters (16.726 cubic meters), which is the value of the upper part of the vessel’s upper part of the structure, to the length of 21.726 cubic meters (16.265 cubic meters).

Accordingly, the Defendant voluntarily expanded 9.77 tons of a ship to 13 tons of a ship after the ship was inspected, thereby changing the placement of a ship.

(b) Any person who intends to remodel or repair a fishing vessel violating the Fishing Vessels Act, which has an impact on the strength, watertightness, or fire prevention of its hulls due to the length, width, depth, or main body of its hulls, or to alter the details stated in the fishing vessel inspection certificate, shall undergo a temporary inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use the fishing vessel which has not undergone

However, the Defendant used the above vessel for navigation or operation on seven occasions between March 4, 2016 and May 28, 2016, without undergoing a temporary inspection, even though the volume of the upper part of the structure above the vessel was 21.726 cubic meters, and the tonnage was increased by approximately three tons in terms of the provision.

2. In the instant case, the evidence presented by the prosecutor alone cannot be deemed as an unlawful act falling under Articles 83 subparag. 3 and 15 subparag. 1 of the Ship Safety Act, and there is no evidence to prove otherwise.

3. Violation of the Fishing Vessels Act; and

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