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(영문) 광주지방법원 목포지원 2018.03.23 2018고단29

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant shall be punished by a fine of KRW 200,000,000.

When the defendant does not pay the above fine, 500,000 won.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality, and is a captain of C(70 tons) who is a vessel of a pair of single-dong shipments in China.

Where a foreigner intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.

Nevertheless, from January 13, 2018 to January 14, 2011, from around 13:00 to around 00:11, 201, the Defendant engaged in fishery activities, such as catching approximately 4,500 km of turbts in a way that operates a pair of net fishing gear installed on the said fishing vessel with eight crew members, without obtaining permission from the Minister of Oceans and Fisheries, at approximately 51.6 nautical miles-gun, the southwest-gun, the Republic of Korea located at approximately 1.7 nautical miles ( approximately 3.14 km) located in the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A statement of the detection;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Article 16-2 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Confiscation;

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

1. The reason for sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order is that the domestic fishery resources are seriously damaged due to illegal fishing activities by Chinese fishing vessels, and as many human resources and equipment are put in to control them, it is necessary to impose strict liability for them. However, as the defendant is committed a crime and has suffered significant damage to the nation, the defendant is committed a crime, and there is no criminal conviction in the Republic of Korea, and all kinds of sentencing conditions shown in the argument of this case, including the defendant's age, sexual behavior, environment, etc., shall be considered and determined as ordered.