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(영문) 인천지방법원 2014.10.30 2014고단6800
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 35 million, by a fine of KRW 20 million, by a fine of KRW 20 million, and by a fine of KRW 20 million.

3.2

Reasons

Punishment of the crime

Defendant

A is the captain who is responsible for the operation of Chinese fishing vessels E (through a transit, 30 tons or more) and illegal fishing activities at the time of the Chinese short-sea, and Defendant B is the captain who assists the captain to facilitate illegal fishing activities, such as leading the operation site on deck at the time of navigation of the same fishing vessel and illegal fishing activities, and Defendant C is the captain who operates and manages the institution and fishing equipment of the same fishing vessel, and is engaged in the engineer who assists the captain to facilitate illegal fishing activities.

From September 3, 2014, at around 09:00, Defendants engaged in illegal fishing activities ten times in total each day until September 13, 2014, in the exclusive economic zone of the Republic of Korea, by throwing away 3 lines from 38 degrees North latitude 37:34 degrees North latitude and from 125:06 degrees east longitude 120 east longitude (the 52 nautical miless nautical miless in a specific prohibited zone) and by sub-comuring the ruptures of three lines connecting 120 east on September 4, 2014, with the following day.

Ultimately, from September 3, 2014 to September 12, 2014, Defendants conspired to capture approximately 720 kms on nine occasions, and captured approximately 100 km fireworks on September 13, 2014, and engaged in illegal fishing activities.

Summary of Evidence

1. Defendants’ legal statement

1. The current status of Chinese fishing vessels and the Nabow;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure and the records of storage;

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

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

1. Custody order: Article 69 of the Criminal Act;

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