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(영문) 광주지방법원 목포지원 2014.03.28 2014고단146
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 is the captain of D (40 tons, rainfalls, and six crew on board) who is a fishing vessel of the Chinese registry.

Although a foreigner intends to conduct fishery activities in the exclusive economic zone of the Republic of Korea, the defendant and D did not obtain permission from the Minister of Maritime Affairs and Fisheries for conducting fishery activities in the exclusive economic zone of the Republic of Korea.

Without permission, the Defendant is obvious that the Defendant is a clerical error in writing on February 13, 2014, as stated in the indictment from around 12:00 (China Time February 13, 2014 to February 13, 2014) (China Hours: 11:00) to February 13, 2014, as of December 13, 2013, as of February 13, 2014.

From February 13, 2014, up to 17:50 (China hour: 16:50, Feb. 13, 2014), on the sea, approximately 42 nautical miles ( approximately 11 nautical miles within the exclusive economic zone of the Republic of Korea) from the west-gun Hongdo of the Republic of Korea on the west-gun of the Republic of Korea on the west-gun of the Republic of Korea, and used a miscellaneous fishing gear, such as a chilling fishing, by walking it, and capturing approximately 600km ( approximately 30 km per box, approximately 20 km per box).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement of G and H;

1. Naba report:

1. Records of seizure and the list of seizure;

1. Application of documentary evidence photographic Acts and subordinate statutes

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 framework on criminal facts (the defendant, as the captain and captain, shall determine the amount of fine in consideration of the fact that the defendant is not liable for the crime of this case, the size of the ship, the catch, etc.);

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, Article 132 (1) of the Criminal Procedure Act;

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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