logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.01.18 2013고단852
수산자원관리법위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the captain of D(59 tons) who is a P(59 tons) fishing boat in the East Sea at the time of port, and the defendant B is the owner of the above D(59 tons).

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 fishery by type of fishery business. In the case of underwater trawls in the East Sea, it shall be classified into the current course of fishing with which fishing gear is carried on the string side to the string side of the vessel, and the safe line of fishing with which it is carried on the string side or the stern under the conditions of permission. However, the amended Rules on the Permission, Report, etc. of Fisheries (hereinafter referred to as the “Rules on Fishery Permission”) on April 28, 201 with respect to the conditions of fishery business permission in the East Sea as amended on or before July 30, 201, only the aforementioned rules on fishery business permission, other than fishing vessels installed in a slope on the string side of the vessel, prohibit the installation of a wring or installation of facilities similar to the above rules on fishery business permission.

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 Defendants and the 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 amendment of indictment.

A. Defendant A, on August 12, 2010, went on and departs from the Republic of Korea to the nearest D, and going on by the 13th day of the same month.

arrow