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(영문) 대구지방법원 포항지원 2017.01.25 2013고단886 (1)
어선법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 3, 2009 to February 16, 2012, the Defendant is a person who was on board as the captain of the Category D (55 tons) of the former Trawls in the East Sea, where the Defendant was on board the ship from July 3, 200 to February 16, 2012.

1. If the Minister of Oceans and Fisheries deems it necessary for the propagation and protection of fishery resources, he/she may restrict the size, form, quantity, method of use, etc. of fish districts by type of fishery business. In the case of underwater trawls in the East Sea, he/she shall classify fishing gear into the front side and the front side of the vessel with the system of the system of the system of the system of the system of the system of the system of the system of the system of the system of the system of the system of the system of the system of the system of the system of the fisheries. However, the regulations on the permission, reporting, etc. of fisheries in the East Sea amended on April 28, 2010 on the conditions of the fishery business permission in the East Sea (hereinafter referred to as “the regulations on fishery permission”) prohibit the installation of a system of the system of the system of the vessel except for fishing vessels installed slope on the side of the vessel, or prohibit the installation of a system of the system of fishery permission or other similar regulations on the fishery permission of the vessel.

However, this restriction or condition of fishery permission has the effect of prohibiting the operation of the vessel in result.

In this regard, as long as the defendant and defense counsel sufficiently render legal cooperation on the application and interpretation of the fishery permission rules, this part of the facts charged is judged to have no particular problem in guaranteeing the defendant's right to defend, and thus, it is recognized ex officio without any changes in indictment.

On September 13, 2010, the Defendant left the port of the above D and entered the port of the same month on September 17, 2010, to be a sloped from the inshore members of the East Sea until he enters the port of the same month.

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