배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Defendant shall be punished by a fine of KRW 100,000,000.
When the defendant does not pay the above fine, 200,000 won.
Punishment of the crime
The defendant is the captain of C (4 persons on board, and 20 tons) who is a vessel of a pair of sea-going vessels in China.
Where a foreigner intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.
Nevertheless, on September 26, 2017, the Defendant conspiredd with influences, and 36°28.6.5 minutes northwest 49 nautical miles south west-gun, Chungcheongnam-gun, the exclusive economic zone around 06:0 on September 26, 2017, at the 36°28.6.6 east 124°32.5 minutes East (2.1 nautical miles inside the fisheries agreement), without the permission of the chief of the maritime affairs division, the unsured surged surgical gear loaded on the mar line, without the permission of the chief of the maritime affairs division. The Defendant surged 1 frame of the two networks loaded on the mar line, and around 06:54 degrees south-gun, west-gun, west-gun, west-do, west-do, west-do, west-do, west-do, 28.27 mal.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on the confirmation of location of operations, a location map, evidence photographs, and list of seafarers;
1. Article 16-2 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones for the crime, Article 30 of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Confiscation;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The reason for sentencing of the proviso of Article 69(1) of the Criminal Code of the custody order is the recent Chinese fishing vessel's illegal fishing act, which causes serious loss or damage to Korea's fishery resources, and serious damage to Korea's country, such as input of many human resources and equipment of the Korea Coast Guard, etc. so that to regulate this, it is necessary to bear strict liability, and the defendant as the captain of this case.