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(영문) 부산지방법원 2013.08.22 2013고정1570
개항질서법위반
Text

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

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Punishment of the crime

B The captain, D is the captain of the port-going fishing vessel C(23 tons) with the port-going port-going port-going port-going port-going vessel C(23 tons), and the captain of the same port-going fishing vessel E(23 tons), and the Defendant is a corporation engaged in fisheries as the owner of each of the above vessels.

Where a ship, other than a priority give-way vessel enters or passes through the boundaries, etc. of an open port, it shall navigate along a sea route designated and announced by the Minister of Land, Transport and Maritime Affairs

Nevertheless, the Defendant neglected to exercise due care and supervision, such as regularly providing C and E’s captains, etc. who depart from and depart from the port of Busan, to observe the service route and regularly educate them to operate vessels. However, on October 30, 2012, B and D, an employee of the Defendant, entered the port of Busan, into the port of port and port of port in Busan, where C and E are located in the port of port and port of port in Busan, on the 2-math day of October 30, 2012 with respect to the Defendant’s work, and operated the ship beyond the Busan, port of port and port of port and port of port as publicly notified by the Administrator of the Busan, regional Maritime Affairs and Port Office within the port of port and port of Busan, on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol on D or B;

1. A statement of detection;

1. Copy of the corporate register, each copy of the ship’s nationality certificate, and each fishing vessel inspection certificate;

1. Inquiries by passengers on board and detailed information about each entry into and departure from ports;

1. C and E port boundaries;

1. Application of Acts and subordinate statutes governing documentary evidence examination on the violation site;

1. Articles 47, 45 subparagraph 1, and 11 (1) of the Public Order in the Open Ports Act concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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