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(영문) 광주지방법원 목포지원 2014.05.22 2014고단511
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 100 million.

If the defendant fails to pay the above fine, 200,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a Chinese national, who is a captain of Cho Lake (70 tons and five crew on board), which is a single-net vessel of the loading of Chinese stone.

Although a foreigner intends to conduct fishery activities in the exclusive economic zone of the Republic of Korea, the defendant and C did not obtain permission from the Minister of Oceans and Fisheries for conducting fishery activities in the exclusive economic zone of the Republic of Korea.

On April 6, 2014, from around 20:20 (China Hours 19:20, April 6, 2014) to April 7, 201:45 (China Hours 00:0:45, April 6, 2014), the Defendant captured approximately 150 km, i.e., son-gun, the exclusive economic zone of the Republic of Korea, from around 51 nautical miles ( approximately 2.7 E in the exclusive economic zone of the Republic of Korea) from the west-do Hongdo Northwest-do, the Republic of Korea, from around 51 nautical miles ( around 2.7 E in the exclusive economic zone of the Republic of Korea) to take a short net fishing gear, and then walked from around 150 km by walking it.

Accordingly, the defendant conducted fishery activities without obtaining permission from the Minister of Oceans and Fisheries in the exclusive economic zone of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Investigation report (as to the anti-port evidence of the CPS PPPPPPPPPPP grounds);

1. Application of the Acts and subordinate statutes on the navigational chart (C) and the electronic maritime chart (C);

1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal system on criminal facts;

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

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Confiscation Exclusive Economic Zone, Article 132 (1) of the Criminal Procedure Act;

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

1. Although the Defendant had been notified of a summary order of KRW 15 million due to the false entry of the operating log of a vessel permitted to conduct fishery activities in 2012, the Defendant was the captain employed by the Defendant for the reason of sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order.

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