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(영문) 광주지방법원 순천지원 2019.03.27 2018고단2152
공기호부정사용등
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B is the captain of a coastal multi-modal fishing vessel C(2.99 tons), and the defendant A is the owner of the above C and the owner and the owner of the offshore franchisive fishing vessel D(9.77 tons).

1. Any person who intends to run a fishery business falling under coastal fishery, among those using a powered non-powered fishing vessel or a powered fishing vessel of less than 10 gross tonnage of the Defendants, shall obtain a license for each fishing vessel or fishing gear from the Mayor/Do Governor;

Nevertheless, at around 09:30 on April 1, 2018, the Defendants conspired with each other to load a line fishing gear which did not obtain permission from the leisure market, and then depart from the port of the port of the port of the port of the port of the port of the port of the city operated by Defendant B, along with the line C operated by Defendant B, and then throw away from the port of the port of the port of the port of the port of the city of the city of the city of the city of the city of the flood from 16:00 to 20:40 on April 2, 2018, the small Tri-do of the sea of the sea of the sea of the sea of the city of the city of the city of the city of the city of the water of the city of the city of the city of the city of the city of the city of the sea of the sea of the above D over

2. On July 2016, Defendant A used the above fishing vessel for navigation and operation from around 2018 to April 20, 2018, while Defendant A, despite the cancellation of the license for coastal fishing and coastal fishing with respect to the existing C, without removing the board of a fishing vessel, attached to the steering house on the port side of the said fishing vessel, in order to view it as a normal fishing permit.

Accordingly, the defendant used the sign of the air worg for the purpose of exercising it in an illegal way, and exercised it.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of the Fisheries Act, etc. to report on detection of persons who violate the Fisheries Act, etc., documentary evidence photographs at the detection site;

1. Relevant legal provisions concerning criminal facts and the defendant A who has selected a sentence: Imprisonment with prison labor, for the purpose of Article 238(1) and (2) of the Criminal Act (the occupation of illegally using air and exercising illegally using air), Articles 97(1)2 and 41(2) of the Fisheries Act, Article 30 of the Criminal Act, and for fishing gear using fishing gear without permission.

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