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(영문) 전주지방법원 군산지원 2016.06.15 2016고단4

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant

A shall be punished by a fine of 100,000,000 won, and Defendant B shall be punished by a fine of 60,000,000 won.

The Defendants respectively.

Reasons

Criminal facts

E is the captain of the F (Ship) of the T-net Fishing Vessel F (Ship) of the T-Powered People's Republic of China, G is the above F F mate, the defendant A is the captain of the D (Accessories) of the T-net Fishing Vessel D (C) of the T-Powered People's Republic of China, and the defendant B is the navigational person of the above D.

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, the Defendants, along with E and G, captured approximately 43,00 kmgs from around 14:20 on December 14, 2015 to around 16:20 on December 14, 2015, in a way that they projected one mold of fishing gear on board a 74 nautical miles nautical miles along with a set of two networks loaded on the mal miles-line D, an exclusive economic zone, from around 14:20 to around 16:20 on December 14, 205, in a way that they are prone with a set of dint of a set of gear on board a set of 74 nautical miles.

Accordingly, in collusion with E and G, 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. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of suspect by some prosecutors against the Defendants

1. A protocol concerning examination of partially the police officers in relation to E and H;

1. A written statement of the G production;

1. Records of seizure (No. 14) and list of seizure;

1. A report on the capture of Chinese fishing vessels (unauthorized) in violation of the laws of EZ fisheries;

1. Photographs (No. 9) and documentary evidence (Evidence List 21 No. 1) of vessels suspected of illegal fishing;

1. Each electronic sea shall provide evidence (Nos. 31 through 33) [Attachment 31 to Evidence 33] [the Defendants, D (hereinafter referred to as the “instant vessel”) are F’s subordinate vessels, the main vessel of which is F. At the time, the navigational system of the instant vessel was broken, and the vessel was under operation at a distance of about 500 meters following the main vessel, and the instant vessel was under operation. Thus, the Defendants did not know that the instant vessel was in violation of the exclusive economic zone of the Republic of Korea. Thus, the Defendants asserted that there was no intention to commit the instant crime.