logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.11.05 2015고단6043
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the captain of C (29 tons of steel boats, and Selective Ship in China) a fishing vessel.

Any prosecutor or judicial police officer prescribed by Presidential Decree may issue an order to stop a foreign vessel suspected of conducting illegal fishery activities in an exclusive economic zone, and in such cases, the owner or captain of the vessel shall comply with the order.

Nevertheless, at around 16:00 on September 1, 2015, the Defendant entered the port of 16:00 in order to have four seafarers embark on the port of Madong-dong, China, and to load a low net fishing gear two frameworks. At around 16:10 on September 1, 201, the Defendant: (a) went to the Incheon Cheongjin-gun’s appeal, which was against the exclusive economic zone of the Republic of Korea, around 2.9 nautical miles; (b) was under suspicion of illegal fishing activities in the exclusive economic zone, such as moving around 1:30 on the same day to about 43 nautical miles southwest; (c) but (d) was ordered by the police officer boarding the Incheon Maritime Security Department through light and loudspeaker, etc., at around 14:50 on the same day until around 14:50 on the same day, the Defendant refused to comply with the Incheon Do 1304.10 on the east-do, Incheon 201304.14

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the Chinese fishing vessel (C) which has refused to comply with the discovery process report, the SPS order, the SPS order, the Chinese fishing vessel (C) documentary evidence photographs, and the video data CD;

1. Subparagraph 1 of Article 17-2 and Article 6-2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal framework on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Taking into account the fact that the custody order did not have the same criminal record as the reason for sentencing under the proviso of Article 69(1) of the Criminal Act, and that the custody order did not resist at the time.

arrow