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(영문) 광주지방법원 목포지원 2018.04.27 2018고단152
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendants shall be punished by a fine of KRW 200,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the captain of a vessel D ( approximately 30 tons, approximately 120 mafs, steel vessels, four crew on board, replacement vessel) of a pair of net fishing vessels, and the captain of the vessel B is the captain of the vessel E ( approximately 30 tons, approximately 120 Mafs, steel vessels, four crew on board, and vessel) of the pair of net fishing vessels.

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, on February 25, 2018, at around 08:00, the Defendants conspired with the Minister of Oceans and Fisheries to obtain permission from the Minister of Oceans and Fisheries, and carried out fishery activities by linking the end of the two network fishing gear on the sea at approximately 69 nautical miles (North Korea’s 35.57.0 minutes, east 124.33.8 minutes, east 124.8 minutes), Cheongdo-ri, Cheongdo-ri, Cheongdo-ri, Cheongdo-ri, the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records;

1. A statement of the details of detection, a written confirmation of the location of each operation, a location map for arrest, and application of examination of evidence;

1. Article 16-2 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones under each of the relevant provisions of the Act on Criminal Facts, Article 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 21(1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in each exclusive economic zone for forfeiture;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

1. The grounds for sentencing under the proviso of Article 69(1) of the Criminal Code of the Republic of Korea for each order of custody order seriously damages domestic fishery resources due to illegal fishing activities by Chinese fishing vessels, and there are many human resources and equipment input to regulate them, and thus, it is necessary to impose strict liability for them. However, Defendant A did not have any record of criminal punishment in Korea, and the Defendants were led to confession of the instant crime, and are against the Defendant, including the age, sex, environment, etc. of the Defendants.

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