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(영문) 인천지방법원 2013.12.23 2013고단7868
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 40 million, by a fine of KRW 30 million, by a fine of KRW 30 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain who is responsible for the overall operation and fishery activities of E (46 tons) (a low-speed fishing vessel) which is a low-speed fishing vessel, both China and China, and Defendant B is a mate who assists the captain, such as managing the goods of the above fishing vessel and directing the deck at the time of operating fishing gear and fishing nets. Defendant C is an engineer who assists the captain. Defendant C is an engineer who assists the captain by operating the above fishing vessel’s engine smoothly so that safety navigation and fishery activities can be facilitated.

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

Nevertheless, the Defendants, at around 16:00 on October 26, 2013, loaded two lines of low net fishing gear on the same fishing vessel under paragraph (1) of the same paragraph, 7 crew members, left the port and left the port, and 20 fishing vessels were operated in North Korea, along with 20 fishing vessels, and left the ship at the direction of F.

On November 17, 2013, at least 10:30, the Defendants: (a) carried a low net fishing gear at the sea of 14-math in the south East East-dong (in the exclusive economic zone of 43.5 math, 100) and carried it toward the south of about 10 minutes.

As a result, the defendants conspired to conduct fishery activities in a specific prohibited area within the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. The details of arrest, arrest, and arrest situation;

Application of each photographic statute

1. Article 17 subparagraph 1 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone, and Articles 17 and 4 of the Criminal 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: Article 334 (1) of the Criminal Procedure Act;

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