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(영문) 광주지방법원 장흥지원 2015.12.17 2015고단201
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

1. Around September 19:00 on September 7, 2015, the Defendant illegally used the sign of a fishing vessel, an air defense unit, by attaching the signboard of the above C (fishing vessel number: E, coastal network, 2.78 tons) to the top left corner of the steering house of the above unregistered fishing vessel, at a unregistered fishing vessel owned by the Defendant at the Masan-gun, Masan-gun, Masan-gun, a captain of C, at approximately 2.7 tons.

2. On September 8, 2015, the Defendant exercised the sign of a fishing vessel, which was an air strawing vessel, used unlawfully five times in total from that time by the same method until September 12, 2015, from that time, from that time, as indicated in the attached Table Nos. 12 to 16, as follows: (a) a fishing vessel with C’s sign (fishing vessel number: E, coastal network, 2.78 tons) was navigated to a unregistered fishing vessel (around 2.7 tons) attached with C’s sign at a nearby sea (a fishing vessel number: E, coastal network, and 2.78 tons).

3. Around 06:00 on August 28, 2015, the Defendant violated the Fisheries Act: (a) around 06:00, the Defendant, without obtaining permission from the competent authority, engaged in fishing with one set of fishing gear loaded on a non-registered fishing vessel owned by the Defendant; (b) and (c) operated fishing with a total of 16 times in the same way until September 12, 2015, as indicated in the attached list of crimes, from that time, from that time to September 12, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F, D, and G;

1. Application of Acts and subordinate statutes to persons who violate crimes related to violation (C) evidence and photographs, police transfer sites, investigation reports (Attachment to C fishing vessel inspection data), investigation reports (related to verification of unauthorized fishing vessels and fishing gear), investigation reports (related to verification of whether a suspect A fishery permit is granted);

1. Relevant provisions of the Criminal Act, Article 238(1) of the Criminal Act (the point of unlawful use of air defense, the choice of imprisonment), Article 238(2) and (1) of the Criminal Act (the point of exercising unlawful air defense, the choice of imprisonment), Articles 97(1)2 and 41(2) of the Fisheries Act (the point of unauthorized coastal fisheries and the choice of imprisonment) concerning criminal facts;

1. The Criminal Act among concurrent crimes.

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