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(영문) 대전지방법원 홍성지원 2017.05.17 2017고단128

수산업법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. In cases of coastal fishing networks for the continuous use of fishery resources in violation of Acts and subordinate statutes and coordination of fisheries, the fishing gear shall be carried on only the mother line;

Nevertheless, on August 9, 2016, the Defendant loaded one mold of fishing gear on the deck of the coastal self-net B (3 tons, auxiliary vessels) of the coastal sea-net B (250 meters in length x 15 meters in height x 15 meters, weight 1 ton) at a port-going landing site, which is a written visa of 09:00, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. The Defendant, who illegally uses air defense, is the owner and captain of the ship B (3 tons and auxiliary ships) in Western-gun, Chungcheongnam-gun.

On August 9, 2016, the Defendant attached the registration sign (C) to the vessel B (3 tons, affiliated vessels) to the air of the coastal sea network B (3.62 tons, mother vessels), despite the fact that the vessel B was a coastal self-owned vessel, at the port-owned port-going port-based port-going port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based fishing vessel B.

Accordingly, the defendant used the official symbol for the purpose of exercising the right.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of violation ships, B photographs, fishing vessel register, fishing vessel registration management register, application of Acts and subordinate statutes concerning certificates of loading;

1. Article 238 (1) of the Criminal Act (illegal use of official marks) of the relevant Article of the Criminal Act concerning criminal facts, subparagraph 2 of Article 99-2 and Article 64-2 (1) of the Act concerning fisheries (the point of violation of the Fisheries Act);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances, and the Defendant’s age, sexual conduct, environment, and the circumstances before and after the instant crime, etc., and the sentence is determined as above.

The fact that the crime of this case is being committed, there is no record of being punished more than the suspension of execution, and there is a record of punishment several times due to the violation of the Fisheries Act.