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(영문) 인천지방법원 2016.06.09 2016고단1895
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 70 million.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 2, 2007, the Defendant was issued a summary order of a fine of KRW 10 million with respect to a violation of the Territorial Sea and Contiguous Zone Act by the Incheon District Court on January 2, 2007, and on November 28, 2012, the Defendant was sentenced to imprisonment for six months and a fine of KRW 50 million with respect to a violation of the Act on the Obstruction of Special Public Service and the Exercise of Sovereign Rights against Foreigners in Exclusive Economic Zone.

Defendant

A is a captain who exercises overall control over the operation and fishery activities of C (45 ton, hereinafter referred to as “the above vessel”) which is a low-net fishing vessel, being towed by the outside of the same simultaneous shipments of China.

A public prosecutor or a judicial police officer prescribed by Presidential Decree may issue an order to stop a vessel in a foreign country suspected of engaging in illegal fishing activities in an exclusive economic zone, and the vessel shall comply with such order.

Nevertheless, the Defendant, at around 19:30 on April 4, 2016, entered the port of Sung-do, where he was not in need of China, on board six other seafarers on board the ship mentioned in the same paragraph of the same paragraph of the same paragraph of the same paragraph, and went into the port to operate a less than one-string net fishing gear, etc. on board the ship. On April 5, 2016, the Defendant refused to comply with the order to foster the Incheon Magjin-gun, Incheon, which was 49 nautical miles from the exclusive economic zone of the Republic of Korea, for the purpose of conducting fishery activities on an exclusive economic zone of the Republic of Korea, by not later than 15.5 nautical miles, south-do, Seoul, where approximately 49 nautical miles of the specific prohibited area, 15.5 nautical miles, east-do (the above 37.36 east-do, 125.00 east-do, 12:00 east-do, 2000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Each situation report, bal current status, Chinese fishing vessel balone report, list of crew members, and photographs;

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