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(영문) 부산지방법원 2016.12.23 2016고정3598
선박의입항및출항등에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the owner and captain of Busan Coast Guard B (4.67 tons) in Busan Coast Guard.

No one shall fish (including the installation of fishing gear, etc.) at a place or sea route where it is likely to obstruct vessel traffic in the water zone, etc. of a trade port.

Nevertheless, around 03:00 on August 15, 2016, the Defendant captured approximately 4 km (8 mar) in advance 0.3 miles at the entrance of the breakwater at 0.3math (FIX35-02.25 N, 129-0.55 E), at the port of a narrow port (FIX35-02.25 N, 129-0.55 E) where the passage of small-sized vessels is frequent from the wharf of the breakwater, Seo-gu, Busan, Seo-gu, Busan, and from 06:40 on the same day.

Accordingly, the Defendant engaged in fishing on the sea route that could obstruct the vessel traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for cooperation in investigation into the VTS from the port of Busan to the arrest report of the violating vessel (B);

1. A loading certificate and a detailed statement of fishery permission;

1. Application of Acts and subordinate statutes concerning field debt collection photographs, and location map of detection;

1. Article 57 of the relevant Act on Criminal facts and Article 57 of the Act on the Arrival, Departure, etc. of Ships through which Penalty is elective, and Selection of a fine;

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

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

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