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(영문) 광주지방법원 목포지원 2016.01.22 2015고단1680

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendants shall be punished by a fine of KRW 170,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is the captain of a vessel D ( approximately KRW 75 tons, approximately KRW 305 E-ray, KRW 10 on board, KRW 10 on board), and Defendant B is the captain of a vessel of both networks of China ( approximately 75 tons, approximately 305 on board, KRW 10 on board, and without permission). The captain of a vessel of both networks of China is the captain of a vessel of both networks of 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 around 02:00 on December 6, 2015 to 05:26 on the same day, the Defendants conspired to conduct fishery activities, such as capturing approximately 500 km in a 65-nautical miles (8 nautical miles on the side of the EZ) at each of the above fishing vessels located in the territorial sea located in the territorial sea of the Southern-gun of the Republic of Korea from around 02:0 to around 05:26 of the same day, by means of a throwter, net, or towing with a pair network.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Three-time protocol concerning the interrogation of the suspect to the prosecution against the defendant B (including E)

1. Each police statement made in relation to F, E, and G;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to the location map of each of the crew members, each of the certificates of operation location, the certificates of catches, evidence photographs, and the list of crew members;

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 Zones under the corresponding provisions of the Act on Criminal Facts;

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone;

1. Article 334(1) of the Criminal Procedure Act

1. The crime of this case with the reason for sentencing under the proviso of Article 69(1) of the Criminal Act, is likely to mislead the fishermen of the Republic of Korea as a matter of undermining the order of adequate preservation and management of the fishery resources of the Republic of Korea by conducting fishery activities without permission in the exclusive economic zone of the Republic of Korea.