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(영문) 광주지방법원 목포지원 2014.03.20 2014고단49
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80 million.

If the defendant does not pay the above fine, 20,000 won.

Reasons

Punishment of the crime

The defendant is a captain of D (as approximately 19 tons, approximately 240 miles, and five crew) who is a fishing vessel of the Chinese registry of C in the People's Republic of China.

If a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea, the term "Minister for Food, Agriculture, Forestry and Fisheries" written indictment for each vessel appears to be a clerical error in

shall be subject to such permission.

Nevertheless, on January 11, 2014, from around 20:0 to around 08:00 on January 12, 2014, the Defendant captured fishery products equivalent to the sum of 1,239 knife of 43 nautical miles (34:52 09 east 124.22 05 east 122 east east 124.05 east east east 122 nautical miles inside the exclusive economic zone of the Republic of Korea) of the Republic of Korea, she loaded on the said D at sea, without obtaining permission from the Minister of Oceans and Fisheries, from around 20:0 to around 08:00, 2014.

Accordingly, the defendant conducted fishery activities without obtaining permission from the Minister of Oceans and Fisheries in the exclusive economic zone of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, of location map (Evidence No. 11), evidentiary photo (Evidence Record No. 12 pages);

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 system on criminal facts;

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

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

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

1. The fact that the captain of the instant vessel is not the captain of the instant vessel, the size of the vessel, the period during which fishery activities are conducted in exclusive economic zone, the quantity of the marine products captured, etc., as the captain of the instant vessel is employed for the reason of sentencing under the proviso of Article

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