Text
Defendant
A shall be punished by a fine of KRW 160,000,000 and by a fine of KRW 140,000.
The defendants are the defendants.
Reasons
Punishment of the crime
Defendants are foreigners of their nationality in the People's Republic of China, Defendant A is the captain of D (163 tons, 14 persons on board, 14 persons on board, e, and e) who is a vessel of the P (163 tons, 163 persons on board), which is a vessel of the People's Republic of China, and Defendant B is the captain of F (163 tons, 14 persons on board, g, and e) who is a vessel of the Trignet in
No fishing vessel that intends to conduct fishery activities with the permission of the Minister of Oceans and Fisheries in an exclusive economic zone of the Republic of Korea shall conduct fishing activities in the area of a vessel of the Republic of Korea and China, which is a fishing prohibition zone designated in the procedures for fishing activities, within the area of a vessel of the Republic of Korea.
Nevertheless, at around 04:45 on October 24, 2015, the Defendants conspired to commit a violation of the restrictions or conditions on permission by setting up approximately 31 nautical miles (35-14 North latitude, approximately 125-08 East longitude, approximately 20 nautical miles on the part of the EZ, approximately 7.5 nautical miles on the side of the large baseliner, and approximately a 7.5 nautical miles on the side of the large baseliner, in the area where the operation of the network is prohibited) from being carried out, and capturing approximately 1,00 km on the part of the main line with D.
Summary of Evidence
1. Defendants’ respective legal statements
1. The police seizure record and the list of seizure;
1. The current status of Chinese fishing vessels (D, F);
1. Saves photographs (bagnet D, F);
1. Application of Acts and subordinate statutes concerning seizure of unlawful fishing implements;
1. Defendants of the relevant legal doctrine on criminal facts: Subparagraph 2 of Article 17 and Article 10 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone; Article 30 of the Criminal Act
1. Defendants in the custody of a workhouse: Articles 70(1) and (2) and 69(2) of the Criminal Act;
1. Defendant B: The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in the Exclusive Economic Zone, Article 132(1) of the Criminal Procedure Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act
1. Defendants of the custody order: Defendant A is the reason for sentencing under the proviso of Article 69(1) of the Criminal Act.