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(영문) 광주지방법원 목포지원 2017.06.13 2017고단432
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A shall be punished by a fine of 150,000,000 won, and Defendant B shall be punished by a fine of 100,000,000 won.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the captain of P(A) of P(A) of a vessel of two different fishing vessels in China. Defendant B is the captain of P) of P (A) of a vessel of two different vessels in China. The captain of P) of P) a vessel of two different vessels in China. The Defendants are both the nationals of the People's Republic of China.

If a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea other than a specified prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.

Nevertheless, at around 04:33 on April 9, 2017, the Defendants conspired with the Minister of Oceans and Fisheries to connect each other’s fishing gear on the sea-line D and E at approximately 52 nautical miles (North 34:05 minutes, east 124.01 minutes, east 124.01 minutes) located in the west-gun, west-gun, west-gun, the exclusive economic zone of the Republic of Korea, with the permission of the Minister of Oceans and Fisheries, and operated the fishing gear by means of extinguishing the fishing gear together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Each protocol of seizure and each list of seizure;

1. The application of each location map, on-site photograph, examination of fishing vessel photograph and confirmation of the location of operation, and seizure photographic Acts and subordinate statutes;

1. Article 16-2 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones under each of the relevant provisions of the Act on Criminal Facts, Article 30 of the Criminal Act;

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

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in each Exclusive Economic Zone for Confiscation;

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

1. The reason for sentencing of the proviso of Article 69(1) of the Criminal Code for each custody order is that Korea’s fishery resources are seriously destroyed or damaged due to the recent illegal fishing by Chinese fishing vessels, and as such, it is necessary to impose strict liability on the captain of the vessel, as Defendant A is the captain of the vessel.

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