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(영문) 광주지방법원 목포지원 2019.01.11 2018고단924

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 a person who is engaged in fishery as the owner of B (0.98 tons, coastal complex, fresh ship) and non-powered sea-driven vessel (no name, a wooden vessel).

1. On April 2017, the Defendant of an unlawful use of air defense, or an unlawful use air defense event: (a) attached a fishing signboard of C (0.89 tons, desnel snick net fishing, snick net fishing, snick-line shipment, and fishing vessel signboard number: D) in the air unit B for the purpose of exercising the air port in the air port in the e-mail of the Yan-gun, Newannam-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gun; and (b) continues to be used by attaching it to B; and (c) from October 14:56 to June 22:5, 2017 to June 28, 2018, the Defendant used the signboards of C’s fishing vessel,

2. A person who intends to conduct fisheries within a demarcated area in violation of the Fisheries Act shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility;

Nevertheless, from around 16:00 to 18:50 on June 28, 2018, the Defendant carried out fisheries by operating a sectional fishing operation in a manner of projecting one set of an inner net net mold, which is loaded on the line owned by the Defendant, without obtaining a demarcated fishery permit, at approximately 0.7 nautical miles (GPS FIX 34-51.23N 126-11.95E) at the west-gun, Yan-gun, Seoul-gun, west-gun, west-gun, west-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of documentary evidence photographs, C’s entry and departure records, certificates of shipment (B), fishing vessel crew members (B), fishery permission certificates, fishing vessel crew members (C), investigation reports (E telephone conversations), and Acts and subordinate statutes governing entry and departure records of vessels;

1. Relevant provisions of the Criminal Act, Article 238 (1) of the Criminal Act (Unlawful Use of Air Code), Article 238 (2) and Article 238 (1) of the Criminal Act (Unlawful Use of Air Code), Article 97 (1) 2 of the Fisheries Act, and Article 41 (3) 1 of the Fisheries Act (Unauthorized Use of Fishing and Selection of Imprisonment) concerning criminal facts;

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

1. On May 20, 2014, the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, received a summary order of KRW 1 million as a crime of violating the Fishery Resources Management Act.