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(영문) 전주지방법원 2017.07.13 2017고단483

공기호부정사용등

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner and captain of C(1.63 tons) and the owner and captain of C(1.63 tons) which are coastal fishing vessels allowed to engage in fishing such as fireworks and fishing, and Defendant B is the owner and captain of D(2.9 tons) which is a coastal composite fishing vessel in which fishing such as fishing and fishing are allowed.

1. On September 2, 2016, the Defendants: (a) removed the signboard of C’s fishing vessel; (b) removed the signboard of C’s fishing vessel; and (c) removed the signboard of the fishing vessel, which is the air hographing in Defendant A, attached to Defendant A’s C at the location of the port at Man-si, Kim Jong-si; and (d) fixed and attached the signboard of the fishing vessel, which is the air hographing in Defendant A (fishing vessel number: E; 1.63 tons); and (c) attached the signboard to both sides of the steering house (2.9 tons) of Defendant B (2.9 tons).

In this way, the defendants used the official symbol in collusion for the purpose of exercising it.

2. Any person who intends to carry on fisheries falling under the coastal fisheries among those who use a powered fishing vessel with a gross tonnage of less than 10 tons in violation of the Acts of fisheries and air defense for illegal use shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do governor;

On September 2, 2016, the Defendants: (a) around September 2, 2016, posted the board of a fishing vessel of C (fishing vessel number E and 1.63 tons) (fishing vessel number E and 2) to D and operated a coastal self-net fishery by the same method from September 19, 2016 to September 11, 2016, without obtaining permission from the competent authorities; (b) attached the board of a fishing vessel of C (fishing vessel number E and 1.63 tons) to D; and (c) engaged in a coastal self-net fishery in total by the same method as indicated in the list of crimes in the attached Table.

In this way, the Defendants managed fisheries without obtaining permission, and exercised air units illegally used by the above methods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Each of the 14 copies of documentary evidence (Evidence Nos. 2 and 8), the statement of fishery permit (D), the statement of fishery permit (C), C entry details, and the legislation applicable to D entry details.