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(영문) 인천지방법원 2014.11.13 2014고단7046
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A and B shall be punished by a fine of KRW 40 million, and Defendant C shall be punished by a fine of KRW 25 million.

The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a captain who is responsible for the operation and management of low-net E (30 tons, neck vessels) and fishery activities, who is not the Chinese main vessel, and Defendant B is a mate who assists the navigation of the same fishing vessel and directs the field at the time of fishery activities. Defendant C is an engineer who manages the equipment of the same fishing vessel and operates both networks at the time of fishery activities.

On September 1, 2014, at around 23:00, the Defendants, at the same time, talked that the Defendants were engaged in fishing on the high seas by loading up two of the low net fishing gear in the above E and leaving the port, and engaging in fishing on the high seas. On September 1, 2014, at around 23:00, the Defendants entered the area near the Republic of Korea near the north Limit (NL) at around 19:0 the same day.

On September 20, 2014, around 08:00, the Defendants captured 1,20km (1,20km, 20km, 20km, 20km, 20km, 20km, 20km, 20km, 20km, 20km, 20km, 20km, 20km, 20km, 20km, and 130km, as indicated in the attached list of crimes, including the contents in the attached list of crimes, including:

As such, the Defendants conspired to commit illegal fishing activities in the exclusive economic zone of the Republic of Korea by impairing a specific prohibited zone.

Summary of Evidence

Application of the Acts and subordinate statutes of the Defendants’ legal statement, Chinese fishing vessel brease status, physical evidence, seizure records, and seizure list;

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): Within the exclusive economic zone;

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