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(영문) 인천지방법원 2014.07.17 2014고단3826
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 40 million, Defendant B, and C by a fine of KRW 30 million.

The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is the captain E, who is a captain responsible for seafarer management and fishery activities in low-net fishing vessel E (A, approximately 40 tons, approximately 7 persons on board, and neck) being towed by China, and Defendant B is a mate who is a person responsible for the operation site. Defendant C is an engineer who operates various equipment necessary for operation on the same fishing vessel and participates in operation on the same fishing vessel.

On May 23, 2014, at around 17:00 China (hereinafter “Korea hours”) the Defendants loaded 2 framework of a low-net fishing gear taken out from China under the same paragraph, and seven persons on board board the ship and depart from Korea.

On May 25, 2014, at around 16:00, Defendants captured 37°33 minutes north latitude, which is a specific prohibited zone in the exclusive economic zone of the Republic of Korea, and 125°20 minutes east longitude (the appeal of the Cheonggjin-gun, Incheon-gun, also 30 nautical miles south East East-do, and EZ 63 nautical miles). At around 17:00 on May 25, 2014, Defendants captured 50 km-7°33 minutes east latitude, and 125°16 minutes east longitude (the appeal of Cheongjin-gun, Incheon-do, 27 east-dong, and EEZ 60 cm).

At around 17:40 on May 25, 2014, the Defendants continued to capture 80 km and 20 km at the point of the above net on May 25, 2014.

On May 25, 2014, at around 19:15, the Defendants came to run away from the parallel of lat. 37.28 degrees north latitude and 125.16 degrees East longitude (in the southwestwestwestwest, 21 nautical miles, EEZ 61 nautical miles) and 503 degrees from the Incheon Maritime Police Station, at 37.28 degrees north latitude and 125.14 degrees East longitude (in the southwestwestwestwest, 24.5 nautical miles) in the human network, around May 25, 2014.

Ultimately, the Defendants conspired to illegally conduct three times in a specific prohibited area in the exclusive economic zone of the Republic of Korea and captured a total of 160km, such as 130 km.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes, such as evidential materials and explanatory note;

1. Relevant legal provisions concerning facts constituting an offense: The Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the exclusive economic zone;

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