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(영문) 인천지방법원 2016.07.21 2016고단2765
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 75 million.

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

Reasons

Punishment of the crime

Defendant

A is a master who exercises overall control over the operation and fishery activities of a non-registered vessel as a Chinese citizen (five tons' level vessel, hereinafter referred to as "the above vessel").

No foreigner shall conduct fishery activities in a specific prohibited zone designated for the protection of fishery resources or coordination in the exclusive economic zone, and a public prosecutor or judicial police officer prescribed by Presidential Decree may issue an order to stop a foreign vessel suspected of engaging in illegal fishery activities in the exclusive economic zone, and the vessel shall comply with the order.

Nevertheless, the Defendant, at around 20:00 on April 28, 2016, placed three other seafarers on board the aforementioned vessels under paragraph (1) of the same paragraph of the same paragraph of Sungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, loaded 14 anchors from among the oil network-based fishing gear to operate in the vicinity of the boundary of the South and North Korea (NL). On May 5, 2016, the Defendant conducted an exclusive economic zone of the Republic of Korea during a specific economic zone by searching about 30 minutes of the specific prohibited area, which was approximately 67.4 nautical miles in the exclusive economic zone around 12.8 nautical miles-do-si, Incheon (27 east-do-do, 125 25 meast-do-dong-dong-dong-dong-dong-si.

At around 09:00 on the same day, the Defendant continued to comply with the order to stop, without complying with such order, even though the police officers D, etc., of the Incheon Coast Guard, to foster light lights, sirens, and loudspeakers using loudspeakers, etc., from around 09:07 on the same day, and continued to comply with the order to stop, until approximately 13.5 nautical miles (North Korean 37.35 east, 125 east, east 24 east) away from 13.5 nautical miles away from the specific prohibited area among the exclusive economic zones around 09:07 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. A protocol of seizure and a list of seizure;

1. Situation Report [The completion of the course of the Incheon, China's fishing vessel at least 1).

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