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(영문) 광주지방법원 목포지원 2018.05.28 2018고단282
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 200,000,000.

When the defendant does not pay the above fine, 500,000 won.

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of the People's Republic of China, and the seat of the People's Republic of China is the captain of the People's Republic of China without permission for shipment.

If a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea other than a specified prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.

Nevertheless, from April 5, 2018 to April 18:30 of the same day, the Defendant conducted fishery activities, such as operating one set of net fishing gear on the line, at the sea of approximately 53 nautical miles from the Northwest-gun, west-do, west-do, west-do, Chungcheongnam-do, the exclusive economic zone of the Republic of Korea (the 34∑ 19.8', the east 124∑ 04.0', and approximately 1.0 nautical miles on the part of the EZ).

Summary of Evidence

1. Partial statement of the defendant;

1. Seizure records;

1. A statement of the details of the detection, a location map, a photograph of a fishing vessel and a certificate of fishing location, and evidence photograph;

1. Application of C Operation video CD-related Acts and subordinate statutes;

1. Article 16-2 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Confiscation;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order is that the domestic fishery resources are seriously damaged due to illegal fishing activities by Chinese fishing vessels, and as many human resources and equipment are input to control them, it is necessary to impose strict responsibilities for them.

However, there is no history of criminal punishment in Korea, and there are families to support China.

In addition to these circumstances, the sentence shall be determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the arguments in this case, including the age, sex, and environment of the defendant.

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