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(영문) 광주지방법원 해남지원 2019.02.14 2017고정93
어선법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the actual owner of a charter fishing boat B (9.77 tons, F.R.P., diesel engine 850 Emb., and fishing vessel number:C) on the yeast-do Eup, Jeonnam-do.

A person who intends to remodel or repair a fishing vessel's length, width, depth, or main part of the vessel, which has an impact on the strength, watertightness, or fire prevention of the vessel, shall undergo a temporary inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use the vessel which has not undergone an inspection for navigation or fishing.

Nevertheless, on December 19, 2016, the Defendant underwent the safety inspection of the B fishing vessel from the Korea Ship Safety Technology Authority; thereafter, the Defendant extended the hull upper structure to use it as a resting space for fishing visitors; and extended the limit to which the loading of the upper structure is permitted at the complete port of the Ydodo Eup on January 1, 2017 (15.267 cubic meters) exceeding 104.7% (15.267 cubic meters) of the limit to which the loading of the upper structure is permitted at the complete port of the Ydododo Eup, without undergoing a provisional

2. At around 05:35, 12 passengers on board a fishing port to leave the port, and used the said vessel for the fishing vessel business by the time of arrival of the complete port at around 17:15 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each situation report;

1. On-site documentary evidence photographs and documentary evidence photographs;

1. A certificate on the survey of a fishing vessel;

1. A copy of B shipment certificate; and

1. A copy of the B fishing vessel inspection certificate;

1. A copy of B fishery permit;

1. A copy of certificate of report on the B fishing vessel;

1. B Application of the Act on Entry and Departure Records

1. Article 44 (1) 4 of the Fishing Vessels Act and Articles 21 (1) 4 of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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