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(영문) 창원지방법원 마산지원 2014.05.20 2014고정157
개항질서법위반
Text

Defendants shall be punished by a fine of KRW 2,500,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

C is the captain of the main vessel D(14 tons) of a small-sized fishing vessel carrying a P(14 tons) in Masan-si, Masan-si, Masan-si. Defendant B is the captain of the small-sized fishing vessel E(9.77 tons) carrying a small-sized fishing vessel in Masan-si, Masan-si. Defendant A is the owner of the above FF group and the employer of the above C and Defendant B.

1. No person shall fish at a place within the boundaries of an open port, where ship traffic might be obstructed;

Nevertheless, at around 15:00 on September 6, 2013, the Defendant, in collusion with C, extracted from the above D, E, the captain of the Defendant, from the port of Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, which is the captain of the Defendant, and went into operation in Busan, through the port of port, through Busan, and through the port of port, where the Defendant had taken approximately 300 km (90,000 cm at the port of Ulsan), which is within the boundaries of the port of port, where the danger of traffic vessels arises from September 10, 2013 to 24:00 on the same day, using a small-sized fishing gear mold at the sea of about 200 meters from the port of port of Ulsan, which is a vessel.

2. The above C and Defendant B, an employee of Defendant A, committed the above acts with respect to the duties of Defendant A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notarial photographs and evidence detection photographs;

1. Application of Acts and subordinate statutes on the electronic sea level indicating fishing sea points;

1. Article applicable to criminal facts;

A. Defendant B: Article 46 Subparag. 2 and Article 37 of the Public Order in Open Ports Act, Article 30 of the Criminal Act, the selection of fines

B. Defendant A: Articles 47, 46 Subparag. 2, and 37 of the Public Order in Open Ports Act; the choice of fines

1. Defendants to be detained in a workhouse: Articles 70 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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