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(영문) 인천지방법원 2018.09.13 2018고단5669
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A A Fines of 70,00,000 won, Defendant B of 50,000,000 won, and Defendant C of 50,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A A A is a person who directs navigation and fishing activities as the captain of the endline E (8 persons on board, 70 tons, iron lines, and 8 persons on board) of a low-powered fishing vessel in China, and Defendant B is a mate who assists the captain of E and instructs the navigation of fishing gear at the time of operation, and Defendant C is an engineer who performs the internal management of the ship to facilitate smooth operation of engine engines and facilitate safe navigation and fishing operations.

1. No foreigner who commits a joint crime shall conduct fishery activities in a specific prohibited zone for the purpose of protecting fishery resources or coordinating fisheries in the exclusive economic zone of the Republic of Korea.

On May 15, 2018, at around 10:00 China (hereinafter “Korea Hours”), the Defendants were able to enter the port with F, the main vessel of E, which was loaded with two molds of low net fishing gear (1.5m wide/35m wide/35m wide/150m wide/150m) from the port of Sung-dong, and were willing to commit a crime in the sea area of the Republic of Korea where fish species are abundant while working in the sea area, etc. at the port of China around that time.

On July 29, 2018, at around 15:00, the Defendants: (a) fixed the towing to the stern line F, which is linked to the low-net net fishing gear projected from the Jeju-do Cheongjin-gun, Incheon, approximately 30 nautical miles (37-53-00N 124-00-00E) on the sea; (b) continued to commit a specific prohibited area, which is a sea area of the Republic of Korea, in the south of about 4 knots-ro, while maintaining a specified distance from the main line. (c) At around 16:15, at around 060, the Defendants continued to commit a specific prohibited area, which is a sea area of the Republic of Korea, by altering the course of the 060 road at around 16:20, Incheon, at approximately 31-40, 37-40, 305 N. 38, 208.

As a result, the Defendants conspired to conduct fishery activities in a specific prohibited area.

2. The prosecutor of the defendant A or the judicial police officer may issue an order to stop any foreign vessel suspected of engaging in illegal fishing activities in the exclusive economic zone, and the owner or the owner of the vessel in such case.

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