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(영문) 대전지방법원 홍성지원 2017.06.14 2017고단29
공기호부정사용
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is the owner of a coastal sea-net fishing C (2.98 tons) with the same ship owner as the actual owner of the fishing vessel C (the mother vessel, 3.97 tons) at the coast of Chungcheongnam-gun, Seocheon-gun.

On August 9, 2016, the Defendant denied the official sign (D) indicating that it was duly issued to the vessel C(2.98 tons) hulls of the coastal net fishing vessel C(2.98 tons) for the purpose of exercising coastal network fishing in a non-in-person port facility located in Seocheon-gun, Chungcheongnam-gun, Seocheon-do, in order to engage in coastal network fishing.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of illegal use of the signboard of a fishing vessel, application of C-proof photographs, ship inquiries, fishing vessel register, investigation report (Evidence Nos. 14) Acts and subordinate statutes;

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is being committed, there is no record of being punished more than a suspended sentence, and there is a record of being punished several times for the crime of this case.

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