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(영문) 대전지방법원 홍성지원 2016.11.24 2016고정175
업무상과실선박파괴등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is an owner and a captain of the port B (7.93 tons) of the Chungcheongnam-gun Military Port Port Port Port Port, Chungcheongnam-gun.

1. No person who violates the Fishery Resources Management Act shall load fishing implements, other than those licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act;

A. Nevertheless, at around 07:00 on September 2, 2015, the Defendant left a port where the head of Seocheon-gun, Seocheon-gun, Seocheon-gun, and Eup/Myeon did not obtain a license, permit, approval, or report in accordance with the Fisheries Act, and left the port after loading one mold of the pump net fishing gear into the above B, and left the port.

6. Around 17:50, up to a 1st day (Fix 36-14.27N, 126-37.18E) in front of the port of Jungjin-gun, Incheon Cheongjin-gun located.

B. Nevertheless, the Defendant, around 07:00 on September 18, 2015, at the sea of the Incheon Cheongjin-gun, Seoung-gun, Incheon.

From the port to the port, one mold of the PPP net fishing gear stated in B was loaded in the above B, at around 13:10 on the same day, 0.3 nautical miles (36.36N, 126-18.26E) from the west-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-do.

2. No person who violates the Fisheries Act shall capture, gather or cultivate marine animals and plants by any method of fisheries other than those prescribed by the Fisheries Act or the Fishery Resources Management Act;

Nevertheless, at around 21:00 on September 7, 2015, the Defendant captured approximately 50 km (50 km) of the total sum of 75,000 won in the market price by boarding a captain on the sea (Fix 37-10.65 N, 126-31.41E) on the sea (Fix 37-10.65 N, 126-31.41E) located in Ansan-si as the captain of the above B and setting up one mold of illegal pumps net fishing gear.

3. On September 18, 2015, the Defendant was on navigation to enter the port located in Seocheon-gun, Seocheon-gun, Chungcheongnam-do, Incheon, as a port after completing operations in the sea area where the Defendant was in the occupational negligence around 07:00, and was on navigation.

In such cases, the defendant will check the sea level of the section in which he intends to navigate in advance to ascertain the risk factors of the sea route in advance and use navigation auxiliary equipment such as land or radar during navigation to the front.

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