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(영문) 대법원 2013.11.28 2013도9901
수산업법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by a defense counsel).

Examining the record in light of relevant laws and regulations, the lower court, based on its stated reasoning, violates Article 10(1) [Attachment Table 11] of the former Enforcement Decree of the Fishery Resources Management Act, which prohibits fishing using a slope of a baseline-type fishing vessel (amended by Presidential Decree No. 24455, Mar. 23, 2013), which prohibits fishing using a slope of a baseline-type fishing vessel, violates the principle of clarity in the principle of no punishment without the law, the principle

It is justifiable to determine that the delegation legislation goes beyond the limit of delegated legislation and cannot be deemed as going against the principle of excessive prohibition or the principle of equality, and there is no error of misapprehending the legal principles on the principle of no punishment without the law.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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