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(영문) 광주지방법원 목포지원 2017.11.10 2017고단1041
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendants shall be punished by a fine of KRW 100,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a captain of D (8 crew on board, 134 tons) who is a vessel of the two networks of Chinese fleet loading, and Defendant B is a captain of E (7 crew on board, 134 tons) who is a vessel of the two networks of Chinese fleet loading.

Where a foreigner intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.

Nevertheless, the Defendants conspired with the Defendants on September 2, 2017, at 33:50 degrees northwest-gun, west-gun, the exclusive economic zone on September 15:29, 2017, and at 33:50 degrees north latitude 33:50 degrees north latitude, 124°29 degrees east longitude (22 nautical miles inside the fisheries agreement line). Defendant A without the permission of the Minister of Oceans and Fisheries, without the permission of the Minister of Oceans and Fisheries, operated the two network fishing gear loaded in D, the main line, and Defendant B took the above fishing gear from D, the main line of which was 19:08, 33°37 minutes north-west, 124°31 degrees east longitude (22 nautical miles inside the fisheries agreement), and engaged in the fishery activity at an early rate of 4:5 degrees east-gun, 19:08, and 39 degrees east-gun, east-gun, 124.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. The application of relevant statute to each documentary evidence photograph, long-distance tracking system, identification photo, identification photo, each seizure protocol, investigation report (to hear and report statements - spacing G) by air of unauthorized Chinese fishing vessels;

1. Article 16-2 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones for the crime, 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 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. The reason for sentencing of the proviso of Article 69(1) of the Criminal Act of the custody order is the serious loss of Korean fishery resources due to the recent illegal fishing by Chinese fishing vessels.

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