logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.28 2018노2015
수산업법위반
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles, Defendant B constitutes a fishing village fraternity member or quasi-fishing village fraternity member or a quasi-fishing village fraternity member, and even if the Defendants did not have intention to violate the law, the lower court convicted all the charges of this case. In so doing, the lower court erred by misapprehending the legal principles, or by misapprehending the legal principles.

B. The lower court’s sentencing against the illegal Defendants is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of the instant facts charged for the following reasons, which are acknowledged by comprehensively taking account of the evidence adopted by the lower court.

A) As to the assertion on the premise that Defendant B is a member of a fishing village fraternity, according to the provisions of the Fisheries Act, ① Pursuant to the provisions of the Fisheries Act, for the members of a fishing village fraternity, a person who resides in the area of a fishing village fraternity is required to join the fishing village fraternity, and the above provisions cannot be deemed to have been stipulated or to have been unfair so that only the members of the fishing village fraternity can join the fishing village fraternity. ② Defendant B was not a member of the fishing village fraternity, and the circumstances alleged by the Defendants alone are that Defendant B completed the procedure for joining the fishing village fraternity in accordance with the autonomy provisions of the fishing village fraternity.

In light of the fact that it cannot be seen, it is difficult to view Defendant B as a legitimate member of the fishing village fraternity D.

B) As to the assertion on the premise that Defendant B is the member of a fishing village fraternity, ① the person who wishes to become the member of a fishing village fraternity as a quasi-fishing village fraternity as a substantive requirement is deemed to have obtained a fishery right in the fishing ground of the village fishery right acquired by the fishing village fraternity or the organization affiliated with the fishing village fraternity, or to have obtained a fishery village fraternity’s business by living in the area of the fishing village fraternity, and the procedural requirements are required to obtain a resolution from the general meeting of the fishing village fraternity. ② Defendant B is the village right in the area of the fishing village fraternity at the time when the exercise contract was concluded

arrow