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(영문) 광주지방법원 목포지원 2013.04.04 2013고단397
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

1. The defendant shall be punished by a fine of KRW 70 million;

2. 20,000 if the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the captain of the china vessel C (20 tons) of the china vessel which is a Chinese fishing vessel.

On February 26, 2013, at least 06:30 on February 26, 2013, the Defendant carried out fishery activities by throwing the low net fishing gear installed on the above fishing vessel at approximately three nautical miless (35.52 degrees North latitude and 124.33 degrees East longitude) inside the exclusive economic zone of the Republic of Korea without obtaining permission from the Minister for Food, Agriculture, Forestry and Fisheries.

Summary of Evidence

Application of the defendant's legal statement, detection statement, evidence photographing statute

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 framework on criminal facts;

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

3. Article 334 (1) of the Criminal Procedure Act.

4. The crime of this case on the grounds of sentencing under the proviso of Article 69(1) of the Criminal Act for the custody order is highly likely to mislead the fishermen of the Republic of Korea in light of the operating methods. When the fishing vessel of this case was controlled, the surrounding Chinese fishing vessels failed to capture the fishing vessel of this case as they collectively obstructed control. Such act seems to have been collected in advance. Meanwhile, the Defendant appears to have committed the crime of this case under the direction of the owner of the vessel or the captain as the captain of the vessel who is employed by the two-party fishing vessel, and the other crew have been detained only by the control of this case, and the other crew have escaped to China using the fishing vessel of this case with the vessel of this case.

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