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(영문) 울산지방법원 2016.12.16 2016고합342
일반선박방화등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From June 1, 2013 to October 31, 2014, the Defendant leased from the victim C a Ulsan-gun Coast Guard D (three crew members on board) for the Ulsan-gun Coast Guard, Gangwon-do Coast Guard, Coast Guard, Coast Guard, Coast Guard, and three crew members on board) and was engaged in fisheries as the captain of the above D.

1. No person who violates the Fisheries Act shall actually control the operation of fisheries by owning or occupying fishing gear, fishing vessel or facility of a person who has obtained a permit for fisheries;

Nevertheless, from June 21, 2013 to November 15, 2014, the Defendant: (a) leased D, under the name of his wife C, 2,000 fishing grounds located in the area where the coastal air route fishery was permitted; (b) leased 2,00 fishing grounds located in the area where the coastal air route fishery was permitted; and (c) practically controlled the operation of the fishery, on condition that the Defendant would pay KRW 2,500,000 as monthly rent.

2. A thief: (a) around November 8, 2014, the Defendant: (b) committed theft by separating the amount equivalent to KRW 3.4 million at the D pilothouse, which is the navigation equipment owned by the victim, from around the 3.4 million market value, at the D Pilot Station, at the port of a long-gu, Ulsan-gu, Ulsan-gu, Seoul-gu, and was anchored.

3. On October 30, 2014, the general vessel fire Defendant was notified by the above victim of the termination of the lease agreement on the grounds of the monthly overdue rent, insurance premium and unpaid wages of the Defendant for the lease of the Defendant D, and was in conflict with the victim due to the return of the security deposit and fishing gear, etc., the Defendant was willing to put the victim in mind with D with respect to his mind.

On November 15, 2014, the Defendant: (a) around 00:45, around 00:45, the Defendant: (b) attached the funched tobacco to D’s stern deck at the port of anchorage in the south-gu, Ulsan-gu, Ulsan-gu; and (c) attached it to the steering house and part of the structure of D’s steering house and the hull, which were stored more in the steering house after the steering house.

Accordingly, the defendant destroyed part of the steering house and hull of D ship equivalent to KRW 95,200,000, the victim's market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1.Each.

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