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(영문) 광주지방법원 순천지원 2015.04.10 2015고단88

공기호부정사용등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of a deep coastal sea fishing vessel C, who is engaged in fisheries.

1. Around July 24, 2014, the Defendant illegally used air defense has been under the control of illegal fishing in the course of fishing C in the sea near the legal harbor of Young-gun, and around September 26, 2014, a 30-day administrative disposition was planned to suspend the operation of C from a public official belonging to the female viewing and listening service for 30-day against the said C.

On September 25, 2014, at around 21:00, the Defendant attached a fishing vessel sign (F) to C produced at a nearby fishing vessel signboard manufacturing station in order to avoid a disposition of business suspension against D owned E steering house at the seat of a ship which is anchored in the new winter-dong.

Accordingly, the defendant attached the fishing vessel sign to E to attach it to E, and used it illegally.

2. At around 15:00 on September 26, 2014, the Defendant issued an administrative disposition of suspending the performance of official duties by unlawful use air defense events and deceptive schemes to G who is a public official belonging to the female and female viewing who was incurred in executing an administrative disposition of suspending business operations against C, under the above circumstances as if he completed C with the fishing signboard attached to C, the Defendant ordered G misunderstanding E as C to take an administrative disposition of suspending business operations against E.

As a result, the defendant exercised illegal-use air defense at the same time, and at the same time interfered with the legitimate execution of duties concerning administrative disposition for the suspension of fishing vessel business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. A fishing vessel mooring photograph;

1. Each report on internal investigation:

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Air Code), Article 238 (2) and Article 238 (1) of the Criminal Act concerning the crime, and Article 137 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 of the Criminal Act: