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(영문) 광주지방법원 목포지원 2016.01.14 2015고단1599

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant shall be punished by a fine of KRW 160 million.

If the defendant does not pay the above fine, 20,000 won.

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of the People's Republic of China, who is the captain of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of China of the Republic of

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

Nevertheless, around 00:05 on November 22, 2015, the Defendant captured approximately 8,000 g fishery products, such as return and other miscellaneous, by carrying out the operation of a single net, which is not permitted to capture more than two net fishing, at the 45-nautical miles sea (round 34-11, east 124-10, east 124-10, and 100 g inside EZ) located in the west-gun, west-gun, west-gun, west-do, west-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. An investigation report (as to the inconsistency between C and the actual ship for operation);

1. Application of the Acts and subordinate statutes governing the location map, examination of evidence, and location certificate for operation;

1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Criminal Facts;

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

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in the Exclusive Economic Zone for Confiscation and Article 132 (1) of the Criminal Litigation Act;

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

1. The sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order is to set the amount of fine as set out in the disposition, by comprehensively taking into account the following: (a) the fact that the accused has been punished twice as a violation of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone due to inadequate entry in the operation log; (b) the size and method of the vessel; and (c) the quantity