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(영문) 광주지방법원 순천지원 2020.06.10 2019고정296
어선법위반등
Text

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

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

Reasons

Criminal facts

The defendant is the master who is concurrently the owner of the charter fishing boat B (2.99 tons) on the screen of Goungung-gun.

1. The Defendant has violated the Fishing Vessels Act;

A. At around 05:20 on May 1, 2019, from the port of the Goak-gun, Goak-gun, Goak-gun: (a) around 05:20, 13 persons including themselves depart from the port above B; and (b) around 05:30 on the same day, more than eight persons on board the maximum number of persons on board the vessel’s inspection certificate stated in the said vessel’s inspection certificate

(b) At around 15:45 on the same day, at a provisional sale in the same Gun, a total of nine persons including the above vessel was on board, and operated in excess of 16:00 on the same day by the maximum number of persons on board stated in the relevant vessel inspection certificate of the said vessel until the entry into the port of the same day.

2. The Defendant in violation of the Fishing Management and Fishing Promotion Act did not report to the head of the agency reporting entry and departure while departing from the port for the business of a fishing vessel at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the list of persons on board a report on departure from the port, identification photographs, documents on vessels, and the Acts and subordinate statutes of licenses for marine officers;

1. Article 44 (1) 7, Article 27 (1) 1 (the point exceeding the maximum number of persons on board), Article 53 (2) 6-3, Article 33 (1) (the point at which no report is made) and Article 33 (1) of the Fishing Vessels Act concerning criminal facts, the choice of a fine for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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