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(영문) 대전지방법원 홍성지원 2015.05.20 2015고단147
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. While the Defendant was unable to use the fishing vessel for navigation or fishing by concealing, altering, or removing the name of the fishing vessel in violation of the Fishing Vessels Act or the fishing vessel license plate, the Defendant indicated “D” on April 23, 2014 at the port of the west-gun, west-gun (7.93 tons) of the west-gun, Chungcheongnam-gun (7.93 tons) by using a stringk-down c, and changed the name of the fishing vessel to “D” by attaching the sign “E, D, and offshore-net fishing” to “D”, and then, on April 23, 2014, the Defendant got seafarers, including captain F, depart from the above port of the above port of the port of the west-do, Yan-do, Yando-do, Yan-do, YN-126-19-29 (N. 36-08-54 and east 126-19-29).

Accordingly, the defendant changed the name of the fishing vessel and used the fishing vessel for navigation or fishing.

2. Around 07:00 on April 23, 2014, the Defendant: (a) illegally used the air friendly fishing vessel sign (E, D, inshore fishing) produced by an insular signboard manufacturing company around October 2010; (b) unlawfully used the air friendly fishing in the above C; and (c) temporarily used the vessel sign (E, D, inshore fishing) with crew members, including captain F, depart from the port of the above port of port and depart from the port of port of port at around 10:50 on the same day; and (d) six (6) days in the southdo of Yan-si, Chungcheongnam-do; (e) six (36-08-54; east 126-19-29) on the south of Yannam-si, Chungcheongnam-do; and (e) exercised the air friendly fishing, etc. using it.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Certificates of loading;

1. A fishery permit certificate;

1. Application of each statute on photographs;

1. Where a fishing vessel is used for fishing operations after changing the pertinent legal provisions and the indication of a fishing vessel option of punishment for criminal facts: The occupation of unlawful use of air defense under Article 44 (1) 3 and 16 of the Fishing Vessels Act: The occupation of unlawful use of air defense under Article 238 (1) of the Criminal Act: Article 238 (2) of the Criminal Act;

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