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(영문) 광주지방법원 목포지원 2013.04.09 2013고단376
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

The defendant, as a Chinese, is the master of a protegnet fishing vessel (39 tons) in the name of a Chinese vessel.

On February 17, 2013, the Defendant captured approximately 50 nautical miles (3.6 nautical miles on the part of the EZ) on the sea of the Yanannam-gun of the Republic of Korea, the exclusive economic zone of the Republic of Korea, for the Republic of Korea, using a single net fishing gear without obtaining permission from the Minister for Food, Agriculture, Forestry and Fisheries.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. The location map;

1. Seizure records;

1. Application of Acts and subordinate statutes governing evidence photographs;

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 (the defendant shall be determined by taking into account the fact that the captain concurrently is the captain and is not responsible for the crime of this case);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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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