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(영문) 인천지방법원 2014.10.30 2014고단6382
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A A A shall be punished by a fine of KRW 30 million, by a fine of KRW 18 million, by Defendant B, and by a fine of KRW 18 million.

3.2

Reasons

Punishment of the crime

Defendant

A is a captain who is responsible for the operation and fishery activities of Chinese fishing vessels E (40 tons, neck vessels) in China, and Defendant B is a mate who assists the captain to facilitate illegal fishing activities, such as directing the operation site on deck at the time of navigation of the same fishing vessel or illegal fishing activities. Defendant C is an engineer who operates and manages the same fishing vessel’s engine and fishing equipment, etc. and assists the captain to facilitate illegal fishing activities.

The Defendants, from around 23:00 on September 2, 2014 to 3 hours, 37°38 degrees North latitude, 124°57 degrees East longitude (the 12-nautical miles south East East-gun, and the exclusive economic zone, at a point 100 to 45 nautical miles in a specific prohibited area), shall 7 lines, from 150 to 150 nautical miles, are projected by the two lines, and the breadth to the north is waiting to leave the parallel.

3. From around 07:00 to around 10 hours, approximately 500 km was illegally captured with all the 7 lines of crypeds over 10 hours.

As a result, the Defendants conspired to illegally catch 500 km from a specific prohibited area in the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Defendants’ legal statement

1. The current status of Chinese fishing vessels and the Nabow;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure and the records of storage;

1. Relevant legal provisions concerning facts constituting an offense: Subparagraph 1 of Article 17 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone, Article 4 of the same Act, and Article 30 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Confiscation (Defendant A): The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in the Exclusive Economic Zone, Article 132 (1) of the Criminal Procedure Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. Custody Order: The crime of this case on the grounds of sentencing under the proviso of Article 69(1) of the Criminal Act is exclusively committed by the Defendants in Korea.

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