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(영문) 전주지방법원 군산지원 2016.02.12 2015고단1132

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 120,00,000, and by a fine of KRW 80,000,00, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the captain of the D(main vessel) of the cross-dong fishing vessel of the People's Republic of China, E is the captain of the Twit-dong fishing vessel F(s) of the People's Republic of China, the captain of the Twit-dong fishing vessel F(s) of the People's Republic of China, the defendant B is the above D mate, and G is the navigational person of the above F.

A foreigner who intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea shall obtain permission from the Minister of Oceans and Fisheries for each vessel.

Nevertheless, in collusion with G, the fishery activities conducted by the Minister of Oceans and Fisheries of the Republic of Korea on October 6, 2015; ① around 72 Maildo Cheongdo Ro-ro, Cheongdo-si ( around 5 Ma, 35-39N, 124-57E inside the exclusive economic zone of the Republic of Korea); around that time, from October 23:00 to around 7 00, a two-net fishing gear loaded on the Jeju vessel D, with a two-net fishing gear loaded on the Jeju vessel D, with a two-net fishing gear 30 km, with a two-net fishing gear 30 km, and 30 g from October 18, 2015 to about 30 g, five g, five g, five g, five g, five g, five g, five g, five g, five g, five g, five g, five g, five g, five g, five g, five g, five g.

Accordingly, in collusion with E and G, the Defendants conducted fishery activities in the exclusive economic zone of the Republic of Korea without obtaining permission from the Minister of Oceans and Fisheries of the Republic of Korea.

Summary of Evidence

1. Each legal statement of the witness H, I and J;

1. One-time suspect examination protocol against E by the police;

1. Each police statement on K, G, L, M, or N;

1. Each protocol of seizure;

1. Evidentiary photographs;

1. Details of the operations of illegal foreign fishing vessels on board and a report on boarding;

1. Determination as to the defendants and their defense counsel's assertion of the investigation report (as to the analysis of the voting system forecast system, etc.), investigation report (as to the submission of 322 materials, etc.)

1. On October 8, 2015, the Defendants were engaged in fishing in the high seas around October 8, 2015.