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(영문) 광주지방법원 목포지원 2014.07.25 2014고정272
개항질서법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is the owner and captain of a coastal multi-modal fishing vessel C (2.95 tons) at the time of booming.

No person shall engage in fishing at a place where ship traffic might be obstructed within the boundaries, etc. of an open port, or on a sea route designated and publicly notified by the Minister of Oceans and Fisheries.

Nevertheless, the Defendant, at around 09:00 on August 2, 2013, departing from the Dong-dong, Dong-dong, Dong-dong, Dong-dong, and engaged in fishing within the boundaries of an open port where vessel traffic might be obstructed by, on August 5, 2013, at around 07:50, a place located within the boundaries of an open port, where the vessel traffic might be obstructed by, inter alia, a place located within the boundaries of an open port, which is located within the boundaries of an open port. 0.4ma (Fix 34-45.128 N, 126-19.742E) from the Han-dong, Dong-dong, Dong-dong, Dong-dong (Fix 34-45.128 N, 126-19.742E) for the purpose of fishing.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of investigation reports (in relation to the location of operation within the boundaries of a wooden port), rules for operation of a wooden port facility, rules for operation of a spath harbor facility, and statutes

1. Relevant provisions of the Acts and Articles 46 subparagraph 2 and 37 of the Public Order in the Open Ports Act concerning facts constituting an offense. Article 37 (Determination of Fine Amount as it is, in consideration of the fact that the accused has a record of receiving a fine of three hundred thousand won for the same offense in 2011;

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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