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(영문) 광주지방법원 목포지원 2017.06.16 2017고단413
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendants shall be punished by a fine of KRW 100,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the captain of P(A) of P(A) of a vessel of two different fishing vessels in China. Defendant B is the captain of P) of P (A) of a vessel of two different vessels in China. The captain of P) of P) a vessel of two different vessels in China. The Defendants are both the nationals of the People's Republic of China.

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, at around 12:10 on April 4, 2017, the Defendants conspired with the Minister of Oceans and Fisheries to connect each side of the vessel D and E on the sea at approximately 80 nautical miles from the northwestwest west Do, Cheongdo-do, the Cheongdo-do-west, the exclusive economic zone of the Republic of Korea (the north 36Do45.4 minutes, the east 124Do-30.8 minutes) with each other without the permission of the Minister of Oceans and Fisheries, and operated the fishery activities by means of extinguishing the fishing gear together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Application of statutes on the field photographs and respective seizure records;

1. The Defendants of the relevant legal provisions on criminal facts: Articles 16-2 and 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in the Exclusive Economic Zone, Article 30 of the Criminal Act

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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

1. Defendants of the custody order: The crime of this case on the grounds of sentencing under the proviso of Article 69(1) of the Criminal Act is committed by conducting fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea, and thus, undermining the order for adequate preservation and management of the fishery resources of the Republic of Korea, to a large number of fishermen of the Republic of Korea who are highly likely to attract the fishermen of the Republic of Korea.

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