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(영문) 인천지방법원 2018.08.09 2018고단4561
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 50,000,000.

When the defendant does not pay the above fine, 200,000 won.

Reasons

Punishment of the crime

C (C, on June 14, 2018, death) is a captain who exercises overall control over the operation and fishing activities of D(8 persons on board) of a Chinese large-scale fishing boat D (30 tons, neck, neck, and 8 persons on board).

Defendant

A is an engineer who operates and manages engines so as to assist C and facilitate ship operation.

No foreigner shall conduct fishery activities in a specific prohibited zone designated for the purpose of protecting fishery resources or coordinating fisheries, among the exclusive economic zones of the Republic of Korea.

Nevertheless, on June 3, 2018, at around 23:00 on June 3, 2018 with C, the Defendant loaded a lost net fishing gear in D, not only for China, but also for seven seafarers on board, departing from the Republic of Korea for the purpose of operating in the sea area, and departing from the Republic of Korea for the same month.

4. 21:00 The same month after arrival at sea areas in the vicinity of the north west of White Age;

9. At around 00:00, the appeal of the Incheon Spogjin-gun, approximately 12.5 nautical miles (North Korea’s latitude 37.50 minutes, east 124.50 minutes, east 127.650 minutes, and approximately 45.8 nautical miless in the Exclusive Economic Zone of the Republic of Korea’s Specific Prohibited Zone) was loaded on the sea, and was captured about 90 km on the same day in a way that 3-meters (40 km per mold) of the wired net fishing gear was loaded on the sea.

Accordingly, the Defendant conspiredd with C to conduct fishery activities in a specific zone of the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 16-2 and 4 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for the crime, and Article 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. Circumstances unfavorable to the reasons for sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order - the seriousness of illegal fishing for the deprivation of marine resources.

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