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(영문) 인천지방법원 2013.12.23 2013고단7867

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 40 million, by a fine of KRW 30 million, by a fine of KRW 30 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain, who is a master in charge of crew management and fishing activities of E (class 45 tons), a low-sized fishing vessel, the towing of which was scheduled at the time of the Chinese War, and Defendant B is a mate in charge of the field supervision, etc. at the time of steering and loading of fish. Defendant C operates the ship's engine and fishing equipment, and assist the captain.

No foreigner shall conduct fishery activities in a specific prohibited zone established for the protection of fishery resources or coordination in fisheries in the exclusive economic zone of the Republic of Korea.

The Defendants, around October 16, 2013, on board four other seafarers under the same paragraph of the same Article from around 10:30 of the same year to around 10:43 of the same day, were engaged in fishery activities, such as capturing five km-g of the Republic of Korea (37:36 minutes north latitude, 124.5 minutes east longitude, 124.5 minutes east-do, Incheon Spojin-gun's appeal, which is a specific prohibited area in the exclusive economic zone of the Republic of Korea, from around 10:30 of November 17 to around 10:43 of the same year.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The details of arrest, arrest, and arrest situation;

Application of each photographic statute

1. Article 17 subparagraph 1 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone, and Articles 17 and 4 of the Criminal Act, and Article 30 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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