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(영문) 인천지방법원 2015.11.12 2015고단6211
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 80,000,00, Defendant B and C, respectively, by a fine of KRW 30,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A as a Chinese citizen, a captain who exercises overall control over the operation and fishery activities of E (the 60 tons vessel, hereinafter referred to as “the above vessel”) which is a low-net vessel towing out of the Chinese registry, and Defendant B, as a Chinese citizen, shall assist the captain of the vessel, assist the captain of the vessel, and instruct him/her the operation and net of the fishing gear. Defendant C, as a Chinese citizen, shall assist the captain of the vessel, and shall be an engineer in charge of the affairs, such as managing the engine engine and oil, managing the vessel’s engine and oil so that the vessel can navigate safely and facilitate fishery activities, and operating the engine smoothly.

1. No joint criminal offender of the Defendants shall conduct fishery activities in a specific prohibited zone designated for the protection of fishery resources or coordination of fisheries among the exclusive economic zones;

Nevertheless, at around 21:00 on September 2, 2015, the Defendants conspired to have four other seafarers on board the said vessel under paragraph of the same paragraph of the same paragraph, and went out of the port to operate a less than one square meter, etc., on September 23, 2015, at around 19.3 nautical miles (37°35 minutes North latitude and 125°6 minutes East longitude) from the south west-do, Incheon Cheong-do, Incheon, where the specific prohibited area was 52.2 nautical miles on September 23, 2015, the Defendants engaged in fishing activities outside the sea, such as the 17.7 nautical miles south East-dong (hereinafter referred to as the 37°34.5 minutes East latitude and 125°6 minutes East) from the 18:10 nautical miles East-do, where the specific prohibited area was 50.10 nautical miles on the same day, leading to the fishing gear outside the Incheon 1200 m.

2. A prosecutor or a judicial police officer may issue an order to stop a foreign vessel suspected of illegal fishing activities in an exclusive economic zone, and the owner or captain of the vessel in such cases shall be the owner or captain of the vessel.

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