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(영문) 제주지방법원 2020.03.11 2019고정477

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

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Defendant shall be punished by a fine of 200 million won.

If the defendant fails to pay the above fine, the amount of KRW 400,000 shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of a fishing vessel B (162 tons, lectures, and 11 persons on board) which has a strong shipping of the People's Republic of China.

1. Where a foreigner intends to conduct fishery activities in the exclusive economic zone of the Republic of Korea (hereinafter referred to as “Korean zone”), he/she shall obtain permission from the Minister of Maritime Affairs and Fisheries for each vessel;

Nevertheless, the Defendant, without obtaining permission for fishery activities from the Minister of Oceans and Fisheries from February 1, 2019 to February 23:00 of the same day, captured two boxes ( approximately 40 km) with two promising fishing gear molds in the southwest of the 65 nautical miles southwest of Jeju Island, the Korean waters from February 1, 2019 (Article 32.40 degrees North latitude and Article 125.8 degrees East longitude).

2. On February 2, 2019, at around 06:00, the Defendant violated an order to stop the vessel and received an order to stop the vessel through the whistle, search, etc. from 5002 naval vessels belonging to the security guard station of the Yellow Sea Police station, signal signal of the fixed line EL (L), siren, siren, etc. from the International Maritime Organization on charges of conducting fishing activities without permission from the Minister of Oceans and Fisheries, and on charges of conducting fishing activities without permission, as described in paragraph (1), but on several occasions, the Defendant failed to comply with the order to stop the vessel by a judicial police officer at around 06:35 on the same day, and at around 06:35 on the same day, the Jeju Coast 70 nautical miles from the southwest (32:29 minutes North latitude and 125Do12 minutes North latitude).

Summary of Evidence

1. The third protocol concerning the interrogation of the accused by the prosecution;

1. Each prosecutor's statement concerning C, D, E, F, G, and H;

1. Documents evidencing the B documentary evidence, images, and documentary evidence of the order to stop;

1. Application of Acts and subordinate statutes of the investigation report (actually referred to in I and BV-Pass AS AS ISO)

1. Articles 16-2, 5 (1), 17-2, and 6-2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal framework on criminal facts;

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 order of provisional payment;