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(영문) 전주지방법원 군산지원 2014.07.23 2014고단395
공기호부정사용등
Text

Defendant

B Imprisonment with prison labor of one year and six months, and Defendant A shall be punished by imprisonment with prison labor of one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-offendered Defendants had affixed the signboard of a fishing vessel not in operation at present to Defendant B’s fishing vessel managed by Defendant B, and had the said vessel operated to operate the said vessel.

On August 6, 2013, the Defendants: (a) instructed Defendant A, the captain of the Defendant, at the arrival point in the Man-gun, Seocheon-gun, Chungcheongnam-gun; and (b) removed two fishing signboard (D, fishery catch transportation business (9.77t), which was attached to the steering house at the top of the steering house C (9.77 tons, and D) of the catch transportation line (9.7 tons), and denied use of air signals, respectively, by attaching two fishing signboard (D, fishery catch transportation business (9.77t) to the stem side of E (7.93 tons, and F).

As a result, the Defendants conspired to use air defense in a fraudulent way.

B. From August 18, 2013 to September 14:30, 2013, Defendants exercised the air units illegally used three times in total, including the following: (a) from around 17:50 on August 18, 2013 to around 14:30 on the sea near Chungcheongnamcheon-gun with a fishing vessel sign attached, such as the foregoing paragraph (a).

As a result, the Defendants conspired to use the illegally used air.

2. He/she shall not use his/her fishing vessel for navigation or fishing after concealing, altering, or removing marking of the name, etc. of the Defendant B fishing vessel or fishing vessel license plate;

On August 6, 2013, the Defendant: (a) removed the name “E” from the name of “G” on the left side of the players of the said E (7.93 tons, and (b) changed from August 6, 2013 to October 4, 2013; (c) navigated the said E fishing vessel through the said “E” on a total of three occasions, as indicated in the list of crimes, from August 6, 2013 to October 4, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Ship inquiry meetings, cooperation and replies in cooperation with the Seocheon-gun, information system for ship entry and departure management, shipping certificates, fishing vessel inspection certificates, and fishery catch transportation business registration certificates;

1. Application of relevant Acts and subordinate statutes to documentary evidence photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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