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(영문) 광주지방법원목포지원 2020.08.18 2019고단1343

공기호부정사용등

Text

A defendant shall be punished by imprisonment for three months and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a hand-type fishing vessel B (fishing vessel number :C, shipping on the surface of the former, 4.26 tons).

1. At around 10:40 on August 3, 2019, the Defendant illegally used air defense and illegally used air defense events: D (fishing vessel number: E, Jeonnam-gun rock-gun, 2.26 tons)’ fishing vessel board, which is a coastal self-owned fishing vessel, was arbitrarily attached to the wall surface of the steering house B (4.26 tons) in the new-west-gun, New-gun, Nanan-gun, Nannam-gun, a coastwise 11:10 on the same day, left the port of the Do, and sailed from the port of the Do. At around 11:10 on the same day, Nanannam-gun, Nannam-gun, a coast of the 1math on the north bank.

Accordingly, the defendant used the sign of a fishing vessel, which is an air defense, unlawfully, and exercised it.

2. No person who violates the Fishery Resources Management Act shall manufacture, sell or load fishing implements, other than those licensed, permitted, approved or reported, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act;

Nevertheless, on August 3, 2019, the Defendant loaded three liters of a self-net fishing gear not permitted by the competent authority for the purpose of capturing civilian fishing in the above B, which is mooring at the seat of the Manan-gun, Newan-gun, Manan-gun, Man-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Reports on the occurrence of the case, and documentary evidence and photographs thereof;

1. Response (D) upon request for cooperation in investigation affairs - photographs on the side of fishing vessels (D);

1. Application of the Acts and subordinate statutes of each vessel inquiry (B, D);

1. Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 65 subparagraph 6 of the Fishery Resources Management Act, and Article 24 of the same Act, concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;