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(영문) 인천지방법원 2014.07.17 2014고단3908
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 60 million, Defendant B, and C by a fine of KRW 30 million.

The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a captain responsible for the operation and fishery activities of Chinese fishing vessels E (43 tons, cherent vessels, and 240 E). Defendant B is a mate who conducts field supervision on the navigation and deck of the above fishing vessel, and Defendant C is an engineer who operates the above fishing vessel’s engine and fishery equipment.

No foreigner shall conduct fishery activities in a specific prohibited zone established for the protection of fishery resources or coordination of fisheries among the exclusive economic zones of the Republic of Korea.

Nevertheless, at around 05:00 on May 25, 2014, the Defendants loaded 450 cherbs under the same paragraph and loaded 450 cherbs under the same paragraph of the same paragraph, on board 6 other seafarers, and departing from the said fishing vessel. On May 26, 2014, the Defendants engaged in fishery activities three times until around 07:00 of the same month, including: (a) the appeal of the Incheon Spojin-gun, which is a specific prohibited area in the exclusive economic zone of the Republic of Korea, was filed at a point of 14 nautical miles south East-dong, Incheon, the exclusive economic zone of the Republic of Korea at around 19:00 on May 26, 2014.

Accordingly, the Defendants conspired to conduct fishery activities in a specific prohibited zone among the exclusive economic zones of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to situation reports and documentary evidence materials;

1. Relevant legal provisions concerning facts constituting an offense: Subparagraph 1 of Article 17 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone, Article 4 of the same Act, and Article 30 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reasons under Article 334 (1) of the Criminal Procedure Act;

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