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(영문) 인천지방법원 2013.05.20 2013고단1832

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant shall be punished by a fine of KRW 100 million.

When the defendant does not pay the above fine, 1,000,000 won.

Reasons

Punishment of the crime

The defendant is a captain who is comprehensively responsible for the operation and fishery activities of C(30 ton)(A)(A)(A)(A)(A)(A)(A)(A)(A)(C)(A)(A)(A)(A)(A)(A)(A)(A)(A)

No foreigner shall conduct fishery activities in a specific prohibited zone established for the protection of fishery resources or coordination in fisheries in the exclusive economic zone of the Republic of Korea.

At around 03:00 on March 24, 2013, the Defendant loaded 150 knive net fishing gear at the port of Maddong in China, and boarded eight crew members on board the said fishing vessel; on April 2, 2013, at around 18:00, the Defendant captured 92 knivers from the sea area of 15.5 Mam-do (N 37.57 mN, N 124.17 mN) located in the Cheongjin-gun-gun, Incheon, a specific prohibited area, in the exclusive economic zone of the Republic of Korea (N 37.57 mN, N 124.0 mN) on April 24, 2013, the Defendant captured 40 knives, such as light fishing, with 46 knives from among the above water at around 24:0 on the following day.

4. From 00:00 to 02:08 of the same day, the remainder, among the foregoing, was tried to 46 width of the foregoing.

Accordingly, the Defendant conspiredd with D to conduct fishery activities in a specific prohibited area within the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. The details of arrest, arrest, and arrest situation;

Each photograph, each investigation report

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 17 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone, Article 17 of the same Act and Article 30 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Confiscation: Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone;

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