배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Defendant shall be punished by a fine of KRW 170,000,000.
When the defendant does not pay the above fine, 200,000 won.
Punishment of the crime
The defendant is the captain of Chinese single-net fishing vessel C ( approximately 70 tons, approximately 250 Magnas, approximately 250 Magnas, six boarding crews, and without permission).
Where a foreigner intends to conduct fishery activities in an exclusive economic zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.
Nevertheless, at around 03:00 on December 23, 2015, the Defendant engaged in fishery activities, such as catching approximately 200 km, by using approximately 52.5 nautical miles (North Korea’s 34 degrees, 38.9 minutes, east 124.8.2 minutes, 200-7) from the west-gun, west-gun, west-gun, the Republic of Korea exclusive economic zone of the Republic of Korea, within approximately 2.7 nautical miles (North Korea’s 34 degrees, 38.9 minutes, east 124.8.2 minutes, east 200-7).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. A protocol of seizure and a list of seizure;
1. Application of the Acts and subordinate statutes governing the location map, examination of evidence, and catch confirmation certificate;
1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Criminal Facts;
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 the Exclusive Economic Zone for Confiscation and Article 132 (1) of the Criminal Litigation Act;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The crime of this case on the grounds of sentencing under the proviso of Article 69(1) of the Criminal Act for the inducement order is highly likely to mislead fishermen of the Republic of Korea as a matter of undermining the order of adequate preservation and management of the fishery resources of the Republic of Korea by conducting fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea. It is highly necessary to punish fishermen of the Republic of Korea with a large number of decent fishermen working in the difficult environment.
However, the fact that the defendant is recognized to be wrong, the size of the ship, the method of operation, the frequency of operation, the catch, and other motive and motive of the crime.