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(영문) 광주지방법원 목포지원 2017.02.02 2016고정559
폭행등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 4, 2016, 2016, the Defendant: (a) 21:20 on May 4, 2016, 201, the Defendant: (b) 21:20, the Victim B, who was making a fall on the sea bed, was making a hole of an open pulse.

The defendant, who was fluened by the Sifdo, assaulted the victim's side and the vessel under the left side of the victim once every time.

The defendant of "2016 High 580" is the captain of C-ho (4.39 tons) who is a coast-net fishing vessel of the coast-free military shipment in South and North Korea.

1. No person who violates the safety of a ship shall use a ship for navigation in violation of the conditions related to navigation stated in a ship inspection certificate, etc.;

Nevertheless, on June 3, 2016, from 19:44 to 21:00, the Defendant used the above Category C, the navigation of which is prohibited at night, in the neighboring sea of the Donan-gun, the Don-gun, the Don-gun, the Don-gun, the Don-si

2. No person who violates the Acts and subordinate statutes concerning fisheries shall engage in shellfish-type fishery business from June 1 to July 31;

Nevertheless, around June 9, 2016, the Defendant captured approximately 1,200 gg (20 km x 60 g) of shellfish, by using C heading at the sea near the area of the Sinan-gun, Yan-gun, Naman-gun, Yan-gun, Yan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each source of photograph, police transfer (the safety of a ship, reporting on detection of a person who violates the law of fisheries), shipment certificate, fishing vessel inspection certificate, location and area map of the water surface, closure of the Muan-gun, Muan-gun's sunset time;

1. Application of Acts and subordinate statutes for report on internal investigation (the attachment of photographs to victims and explosives) and each investigation report;

1. Article 260 (1) of the Criminal Act applicable to the relevant criminal facts and Article 260 (1) of the Criminal Act of the choice of punishment (the point of violence, the selection of fines), Article 84 (1) 6, Article 17 (2) of the Ship Safety Act (the point of using ships violating navigation conditions, the selection of fines), Article 99-2 subparagraph 2 of the Act on Fisheries and Article 64-2 (1) of the same Act (the point of violating restrictions on the period of prohibition of fisheries);

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

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

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