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(영문) 인천지방법원 2017.06.15 2017고단2924

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant

A A Fines of 90,00,000 won, Defendant B of 50,000,000 won, and Defendant C of 50,000 won, respectively.

Reasons

Punishment of the crime

A is a captain who takes charge of the operation and fishing activities of E (25 tons, neck lines, and 6 crew members), who takes charge of the operation and fishing activities of a single-dong vessel E (6 crew members), Defendant B, who operates fishing gear at the time of operation of the above E, who assists the captain, and Defendant C, who assists the captain of the above E in fishing, shall arrange fishing gear to ensure that the water does not flow out of the deck into the sea.

No foreigner shall conduct fishery activities in a specific prohibited zone designated for the purpose of protecting fishery resources or coordinating fisheries, among the exclusive economic zones of the Republic of Korea.

Nevertheless, the Defendants, at around 11:00 on April 1, 2017 (Korean time; hereinafter the same), loaded a 9-net fishing gear on the said fishing vessel at the same time at the time of Masan Han-si, Syung-si, Incheon, on the 10th of the same month (hereinafter the same), loaded three crew members on the said fishing vessel, and departed from the Republic of Korea for the purpose of fishing in the maritime area, and entered the Republic of Korea for the purpose of fishing in the maritime area. A petition was filed according to the NL boundary at the 09:00 Cheongjin-gun, Incheon, Spo

On April 10, 2017, at around 10:0, the Defendants: (a) 17 nautical miles from the Southern-do Cheongjin-gun, Incheon, Cheongjin-gun, the Cheong-do Cheong-do Cheong-do Ma-do Ma-do Ma-do Ma-do Ma-do 17 Ma-do Ma-do Ma-do 125 03 Ma-do, and (b) Ma-do 50.1 Ma-do Ma-do, the exclusive economic zone of the Republic of Korea Ma-do Ma-do 13:00 on the same day; (c) Ma-do 17 Ma-do, the Ma-do Ma-do Ma-do Ma-do Ma-do Ma-do Ma-do Ma-do Ma-do Ma-do Ma-do Ma-do 17 Ma-do Ma-do Ma-do 50.

As a result, the Defendants conspired to conduct fishery activities in a specific area of the exclusive economic zone in Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on the outcomes of illegal fishing fishing vessel distribution in China;

1. A fishing boat;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (a written statement appended to a suspect A);

1. The Defendants of the relevant legal provision regarding criminal facts: the foreign fishing within the exclusive economic zone.