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(영문) 전주지방법원 군산지원 2013.10.17 2013고단943

공기호위조등

Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2013, the Defendant leased from F the coastwise Fishing Vessel D (6.67 tons, fishing vessel numbers: E) for the owner of a unregistered fishing vessel C (7.93 tons, F.R.P.) without a fishery permit.

1. On May 20, 2013, the Defendant: (a) made two signs marked “E” of the above D’s fishing vessel number and the tonnage of “coastal, coastal, and coastal fishing net” (67 tons) from an advertising firm of “H” located in G in Gunsan-si on May 20, 2013; (b) operated the above C’s steering boat at around 14:00 of the same day, which is anchored at non-Sinsi-dong Non-si, Gunan-si; (c) was attached to the outside of the steering boat on the port side of the above C’s steering boat at around 18:40 on June 27, 2013; and (d) from the port of non-Sinsi-si, Sinsan-si on the same day at around 19:20 to 22:20 on the same day, without attaching the sign of the above fishing vessel to the point of regulating the capture at the sea of approximately 20 days outside the northwest breakwater of the same military.

Accordingly, the defendant forged and exercised the sign of the air resistant fishing vessel for the purpose of exercising the right.

2. Any person who intends to run a coastal fishing network fishing in violation of the Fisheries Act shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor;

Nevertheless, from June 27, 2013 to 22:20 on June 27, 2013, the Defendant engaged in coastal net fisheries by using unauthorized fishing vessels C at the sea of approximately two-mags, 2,00,000, an unauthorized fishing vessel C at the port northwest of the Donsan-dong, Sinsan-do, Donsan-si, and by capturing 20km (market price equivalent to KRW 80,00,00) with a view to view.

3. Any ship which enters or leaves the boundaries of an open port which violates the Public Order in Open Ports Act shall make a report on entry or departure;

Even though the Defendant entered and departs from a non-compliance port as referred to in paragraph (1), he/she did not report the entry and departure.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the occurrence of the case;

1. Twelve copies of documentary photographs at the time of detection; and

1. A copy of a ship lease contract;

1. A copy of a shipment certificate;

1. Four copies of a non-registered fishing vessel C documentary photographs;

1. 8 copies of 1.8 copies of military, Sinsan, coastal fishing nets, fishing boats and DNA documentary photographs.