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(영문) 광주지방법원 목포지원 2014.05.09 2014고단358
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

피고인은 중화인민공화국 산동성 석도 선적 단타망(單拖網, 저인망) 어선 C(68톤급, 승선원 5명)의 선장이다.

A foreigner who intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea other than a specific prohibited zone shall obtain permission therefor from the Minister of Maritime Affairs and Fisheries.

Nevertheless, the Defendant, without obtaining permission to conduct fishery activities in the exclusive economic zone of the Republic of Korea on March 28, 2014, 11:00, operated a short-net fishing gear on the same fishing vessel in the Chinese sea area of 108, entered the exclusive economic zone of the Republic of Korea at around 12:00 on the same day, and continued to 54 nautical miles (1.5 nautical miles in the exclusive economic zone of the Republic of Korea, approximately 35-18 east 124-23 east east, east, east 17:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (C as to the entry into the Korea Waters, and the fact of operation, through the GaPS PPPPPp Roster’s port and search evidence)

1. Application of Acts and subordinate statutes to documentary evidence, documentary evidence, and output of a long distance monitoring system;

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

1. The proviso of Article 69 (1) of the Criminal Act to the custody order;

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