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(영문) 광주지방법원 목포지원 2015.01.30 2014고단2017

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 C (C, B, B, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P.

Where a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea, he/she shall obtain permission from the Minister of Maritime Affairs and Fisheries for each vessel, and no foreigner or the captain of a foreign vessel shall transfer the catch or its products to another vessel or take the vessel from another vessel in the exclusive economic zone.

Nevertheless, from around 18:00 on December 7, 2014 to around 19:00, the Defendant, without permission from the Minister of Oceans and Fisheries of the Republic of Korea, moved 200 boxes (3,00 g) from D to C operated by the Defendant for over 30 to 40 minutes from D on the red-do (34-31 of the parallel of lat, 124-14 of the East, East east east east east east east east east east east east 124-14 of the East east east east east east east east west 46 nautical miles of the Eastwest east east east east east west

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. The details of the detection, the report on the distribution of Chinese fishing vessels violating the EZ Fisheries Act (C), and the limit of the circulation;

1. Application of the Acts and subordinate statutes on documentary evidence, documentary evidence CDs;

1. Violation of 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, and Article 17 subparagraph 3 and Article 11 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone (the point of violation of prohibition on the transfer of catch);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;