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(영문) 제주지방법원 2016.05.27 2012고단853
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of B (116 tons, steel ships, nine crew on board, and C) of the same-sex-sex-sex vessel of the People's Republic of China.

The fishing vessels of the Republic of China who intend to enter the exclusive economic zone of the Republic of Korea shall obtain permission for fishery activities from the Minister of Agriculture and Forestry and Fisheries of the Republic of Korea.

Nevertheless, the defendant, around 16:00 on March 20, 2012, departing from the port of Songjin-gu, where he/she was fluorized in China, and departing from the port of Songjin-gu on March 26, 201 to the same year.

3. The same month after receiving from six promising fishing vessels of the People's Republic of China a total of 15,000 kilograms of fish from six fishing vessels on the outside of the exclusive economic zone of the Republic of Korea until 20:00;

4. From 15:22 to 17:00 the same day, the fishery activities were conducted without permission by navigationing 0.3 marina days on the side of the exclusive economic zone of the Republic of Korea within the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to photograph the details and reports of detection, the ship's navigation records (AIIS), copies of ship documents, and documentary evidence;

1. Article 17 subparag. 1 and Article 5 subparag. 1 of the former Act on the Exercise of Sovereign Rights on Foreigners’ Fishing, etc. in Exclusive Economic Zones (Amended by Act No. 11420, May 14, 2012) on criminal facts

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

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

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