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(영문) 인천지방법원 2015.05.28 2015고단1973
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of C (30 tons, wooden ships, and Sin't gos from China) prone fishing vessels, Chinese, and is the captain of a prone fishing vessel.

No foreigner shall conduct fishery activities in a specific prohibited zone designated for the protection of fishery resources or coordination in fisheries among the exclusive economic zones.

Nevertheless, on April 10, 2015, the Defendant, at the continental Don-si wharf of China, from around 10:00 to around 7 seafarers on board the ship at the continental Don-si, Don-si, China, and entered the port to load up to 70 meters of his/her own net fishing gear, and on 14.04:20 of the same month, the Defendant, at around 30.6 miles-do, Incheon Cheongjin-gun, Incheon (N 37.54 minutes, east 123.5 minutes, east 123.5 meters, 5 meters, 5 meters, 200 east-do, 300 east-do, 124.5 east-do, 201 east-do, 204 east-do, 205 east-do, 304 east-do, and 5 east-do 15 east-do, 304 east-27 east 25 east 7.5 east

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of the Acts and subordinate statutes of Nagnas, documentary evidence and photographs (1002), documentary evidence and photographs of Chinese fishing vessels in illegal fishing operations, C history photographs, records of seizure, list of seizure, and records of storage of consideration;

1. Subparagraph 1 of Article 17 and Article 4 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal framework on criminal facts;

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

1. Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the confiscation exclusive economic zone, Article 132 (1) of the Criminal Procedure Act;

1. The order of provisional payment;

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