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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2015.04.09 2015노424
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The offense of violation of the Act on the Exercise of Sovereign Rights to Foreigners, Etc. in the Exclusive Economic Zone is in need of uniform sentencing in accordance with the standards for security deposit. Thus, in light of the standards for security deposit (10 million won), the lower court’s punishment (including fine of KRW 80 million, KRW 100 million, and KRW 100,000) is too uneasible and unreasonable.

2. The crime of this case is a matter of undermining the order of adequate preservation and management of Korean fishery resources by conducting fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea. Such a crime is highly likely to mislead the fishermen of the Republic of Korea, and is an act of causing huge damage to many Korean fishermen working for the same purpose in an difficult environment, and the nature of the crime is bad, and the necessity of punishment is also high.

However, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the fact that the Defendant is led to the instant crime, the captain employed by the Defendant is not the owner of the instant vessel, and the size of the instant vessel (30 tons, catches transport vessels, six persons boarding vessel), the size of the catch in transit (3,00km) and other cases similar to the instant case, the balance in sentencing in other cases, the motive and circumstance of the instant crime, and other circumstances before and after the instant crime, etc., the Prosecutor’s assertion is without merit, and thus, it is deemed that the lower court’s punishment is too unjustifiable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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