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(영문) 창원지방법원 통영지원 2016.07.15 2016고정206
선박의입항및출항등에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A The head of fishing to take overall control of fishing operation, such as the selection of a fishing site by B line of the port fishing boat B, the port fishing boat B, the port fishing boat B, and fishing gear, and the Defendant Dae Young Fishery Co., Ltd. is the same owner of the same vessel as the Defendant A’s employee.

1. No person who intends to engage in fishing in a place or sea route where the traffic of a ship is likely to be obstructed in the water zone, etc. of a trade port;

Nevertheless, around 06:00 on January 3, 2016, the Defendant set sail from the landing area in Busan Metropolitan City, the captain, from around 08:50 to around 09:40 on the same day, and captured approximately 30 km by carrying out the operation of the air-line modernization network at the sea of approximately 2.5 Embs in Ulsan Metropolitan City, Dong-dong, Ulsan Metropolitan City, U.S., which is the side of the trade port where the passage of the large-sized vessels is frequent (U.S. port).

Accordingly, the Defendant was engaged in fishing within trade ports that could interfere with vessel traffic.

2. A, an employee of the Defendant Dae Young Fishery Defendant Co., Ltd., committed an offense identical to that set forth in paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. A report on internal investigation:

1. A report on detection of a violation offender;

1. Application of the Acts and subordinate statutes governing documentary evidence and a certificate to be registered;

1. Article 57 subparagraph 5 of the Act on the Arrival, Departure, etc. of Ships, and Article 44 (Selection of Penalty) of the Act on the Arrival, Departure, etc. of Ships: Article 58, Article 57 subparagraph 5 of the Act on the Arrival, Departure, etc. of Ships, and Article 44 (Selection of Penalty) of the Act on the Arrival, Departure, etc. of Ships;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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