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(영문) 광주지방법원 목포지원 2015.12.29 2015고단1571
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 150,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of Chinese single-net fishing vessel C (a approximately 40 tons, approximately 240 masts, a river vessel, six boarding crew, and no permission).

A foreigner who intends to conduct fishery activities in an exclusive economic zone shall obtain permission from the Minister of Maritime Affairs and Fisheries for each vessel.

Nevertheless, at around November 22, 2015, the Defendant conducted fishery activities by using the above vessel, such as administering one short network and towing it, at approximately 50 nautical miles (N 34°18.2 east 124°06.2 east 2, 208-4 east 208-4 east east-do, Haan-gun, Haan-gun, Northwest-do, the 2.6 nautical miles of the Republic of Korea).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A statement of detection;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of the bareboat location map, evidence photograph, fishing vessel photograph and confirmation of fishing location;

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 (1) 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 crime of this case on the grounds of sentencing under the proviso of Article 69(1) of the Criminal Act for the custody order is highly likely to mislead the fishermen of the Republic of Korea as a matter of undermining the order on the adequate preservation and management of the fishery resources of the Republic of Korea by conducting fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea, and as such, it is highly necessary to punish the fishermen of the Republic of Korea.

However, the fact that the defendant is recognized to be wrong, the size of the ship, the method of operation, the number of operations, the catch, the motive and circumstances of the crime, and the situation before and after the crime.

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