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(영문) 부산지방법원 2014.09.15 2014고정3245
개항질서법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in fisheries as a captain who is concurrently the owner of a coastal complex fishing vessel B (5.94 tons) in Busan Young-gu.

No person shall fish (including installment of fishing gear, etc.) at a place within the boundaries of an open port, etc. which might obstruct the traffic of ships.

Nevertheless, at around 07:30 on April 12, 2014, the Defendant, a sea area located within the boundaries of the port of the port of Busan, has carried a gate fishing complex fishing gear at approximately 20m (35°05°30 east 129°06 50 east 129°06 east 20 east 200 east east 1).

Therefore, the Defendant, from around that day to around 12:10 on the same day, was engaged in fishing at a place where the traffic of the vessel entering the port of Busan would be obstructed with fishing complex fishing gear.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of the case, a copy of the sea map for the violation, and a certificate of shipment;

1. Application of Acts and subordinate statutes governing documentary evidence examination on the violation site;

1. Article 46 subparagraph 2 of the Public Order in the Open Ports Act concerning the facts constituting an offense;

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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