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(영문) 대구지방법원 포항지원 2017.02.15 2016고단1651
수산업법위반등
Text

Defendant

A Imprisonment with prison labor for six months and fines for 5,000,000 won, and Defendant B shall be punished by fines for 20,000,000 won, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is the captain of the trawls C (59 tons, inshore trawls) in the East Sea of Gangwon-do at the time of shipment in the East Sea, and the defendant B is the owner of the above C.

1. Defendant A

(a) If the Minister of Oceans and Fisheries deems it necessary for the sustainable use of fishery resources and coordination in fisheries, he/she may restrict the size, form, quantity, method of use, etc. of fish Gus for each type of fishery business permitted, by the type of fishery business, and, in the case of underwater trawls in the East Sea, it shall be divided into the current side ceremony that meets the fishing gear on the side of the vessel and the aesthetic formula that operates the fishing gear on the side of the vessel, and shall be administered on the side of the vessel or the stern on the condition of permission;

On September 20, 2015, the Defendant: (a) on board and departing from the above C, which is only permitted to conduct food operations; (b) on September 23, 2015, up to September 23, 2015, attached rollers, accessories, which were in custody in the above C at the cost around the inshore of the East Sea, to assemble, or attach them to the aft; and (c) applied divers using them in a method of throwing fishing gear at the aft, and captured approximately KRW 11,720 km at the market price; and (d) applied 19,513,800 gh from the above day to December 31, 2015 at a total of 74 times from the above day to December 31, 2015, the Defendant caught approximately KRW 1,881,39,100 g of the market price.

Accordingly, the Defendant violated the restriction on the method of using fishing gear.

(b) No fishing vessel violating the Fishery Resources Management Act shall use any fishing activity with the help of other fisheries in order to enhance the effect of fishing permitted to the relevant fishing vessel;

Nevertheless, if the Defendant collected cryp by using a cryp, etc. using a cryp, which strings using a crypous fishing strings, without any reason in near the sea, the Defendant used the c to communicate the fishing with the fishing lines through electricity, etc., and operated the mutual cooperation.

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