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(영문) 춘천지방법원 강릉지원 2016.05.20 2016고정82
선박의입항및출항등에관한법률위반
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is the owner and the captain of the ship B in the complex fishing complex with the Do-si Do-si Do-si.

No person shall fish in a place or sea route where the traffic of ships is likely to be obstructed in the water zone, etc. of a trade port.

Nevertheless, on October 30, 2015, the Defendant, from around 06:36 to around 07:16 of the same day, engaged in fishing using the shot gear in a water zone (North Korea’s above 37-37.12 minutes, east 129-03.51 minutes) that is likely to interfere with the traffic of vessels at the rooftop line, a trade port located in Gangnam-si, which is located in Gangnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss and videos of each vessel in violation of the entry into and departure from each vessel;

1. Application of the Act and subordinate statutes to a criminal investigation report (Defendant’s operational port verification);

1. Subparagraph 5 of Article 57 and Article 44 of the Act on the Arrival, Departure, etc. of Ships under Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Partial reduction of fines on summary order by taking into account the reflection of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the circumstances that may be taken into account in the course of the instant operation, the Defendant’s family environment and support relationship, etc.

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