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(영문) 광주지방법원 목포지원 2013.12.06 2013고단1629

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant shall be punished by a fine of KRW 80 million.

If the defendant does not pay the above fine, 20,000 won.

Reasons

Punishment of the crime

The defendant is the master of the People's Republic of China long-term fishing vessel C (7 persons on board, 39 tons, 110man, wood vessels, clock vessels, and 7 persons on board).

A foreigner who intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea other than a specific prohibited zone shall obtain permission from the Minister of Maritime Affairs and Fisheries for each vessel.

Nevertheless, the Defendant, using a long-term fishing vessel C without the permission from the Minister of Oceans and Fisheries of the Republic of Korea from October 29, 2013 to October 30, 2013, using approximately 4 nautical miles in the exclusive economic zone of the Republic of Korea, 50 nautical miles in the west-gun, Danan-gun, Danan-gun, Blackdo, etc., at approximately 50 nautical miles from around 50 nautical miles in the west-do, the Defendant captured 40 km.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. A statement of detection;

1. The location map;

1. Records of seizure and the list of seizure;

1. Application of evidence photographs, seizure photographs and photographs, and Acts and subordinate statutes;

1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal framework on criminal facts (the defendant shall set the amount of fine in consideration of the fact that the captain concurrently is not responsible for the crime of this case, the size of the ship, the quantity of catches, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Confiscation Exclusive Economic Zone, Article 132 (1) of the Criminal Procedure Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso of Article 69 (1) of the Criminal Act to the custody order;