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(영문) 광주지방법원목포지원 2020.09.11 2020고정69
선박의입항및출항등에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner B (a person who has approximately 0.3 tons, a non-registered ship, and two crew on board) and the captain.

No person shall fish in a place or sea route where ship traffic might be obstructed in the water zone, etc. of a trade port.

Nevertheless, at around 09:00 on November 16, 2019, the Defendant engaged in fishing operations, such as throwing the 2 molds of fishing gear into the sea at the 400m high sea (in the boundaries of the port) located in the water zone of a trade port where the passage of vessels is likely to be obstructed due to frequent entry and departure of vessels.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning the designation and public notification of an area where the inspection of the case occurred, the collection photographs, the water area of a wooden port, the operational location map, and the fishing prohibited within the boundaries of a port;

1. Punishment of a fine of one million won to be suspended under subparagraph 5 of Article 57 and Article 44 of the Act on the Arrival, Departure, etc. of Ships under the relevant criminal facts;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (with regard to various sentencing conditions shown in records and arguments, such as the fact that the suspension of sentence is against one another, the fact that a fine of 200,000 won for larceny was rendered in 193, the fact that there was no other criminal record other than the fact that the suspension of sentence was rendered in 2005, the fact that 84 years old, the fact that a person is living alone, and that there is no good economic

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