logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2015.11.27 2015고단1312
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 150,000,000.

When the defendant does not pay the above fine, 200,000 won.

Reasons

Punishment of the crime

The defendant is the captain of China's single net C (a approximately 40 tons, approximately 240 mast, a river, and six boarding personnel).

Where any foreigner intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone, he/she shall obtain permission therefor from the Minister of Maritime Affairs and Fisheries.

Nevertheless, at around 07:31 October 14, 2015, the Defendant conducted fishery activities, such as storing approximately 78 nautical miles southwest-gun, west-gun, west-gun, west-do, the Republic of Korea 2.3 nautical miles (N 33.56.9 minutes North latitude, 124.03.7 minutes East longitude, and 218-1 Seas), with one short net fishing gear in the above C without obtaining permission from the Minister of Maritime Affairs and Fisheries, and loading one short net fishing gear in the above C, with a single set of 80km in the long-sea fish, approximately 20 km, approximately 20 km back, and approximately 560 km of fish, etc., which are 2.3 nautical miles of the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A statement of detection;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as balm intensity, evidentiary photo and photographic photo (fishing gear and seizure of fishing gear and catch and consignment sale of fish and fish);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention 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. The crime of this case on the grounds of sentencing under the proviso of Article 69(1) of the Criminal Code of the Republic of Korea’s order gives great damage to a large number of fishermen of the Republic of Korea who are engaged in fishing activities without obtaining permission in the exclusive economic zone of the Republic of Korea, thereby impairing the order of adequate preservation and management of the fishery resources of the Republic of Korea.

arrow