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(영문) 대전지방법원 홍성지원 2021.03.08 2021고정8
어선법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a lessee and captain of Hongsung-gun Coast Coastal Fishing Vessels B (2.08 tons). The Defendant is a person engaged in fishing place business as a captain.

A fishing vessel shall not be used for navigation or fishing in excess of the maximum number of persons on board stated in a fishing vessel inspection certificate following a regular inspection.

Nevertheless, on October 18, 2020, the Defendant: (a) around 14:40 on the west-gun, Hongsung-gun, Sungsung-gun, Seosung-do, and approximately 1k-do, located at the west-do west-do west-ri port, and (b) on the sea fishing place, 12 persons exceeding 6 persons on the fishing vessel B’s fishing vessel inspection certificate in excess of 6 persons on the west-do west-ri fishing place; and (c) on the same day, the Defendant used the fishing vessel B for navigation in excess of the maximum number of persons on board in excess of 14:45 on the west-gun,

Summary of Evidence

1. A temporary inspection report on the detection and reporting of a criminal defendant to a violator of the Fishing Vessels Act, and a fishing vessel inspection certificate;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions concerning criminal facts, Articles 44(1)7 and 27(1)1 (the point of navigation exceeding the maximum number of persons aboard) of the Fishing Vessels Act, and the selection of fines concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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