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(영문) 인천지방법원 2015.05.14 2015고단1802
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 60,000,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of a fishing vessel C (50 tons, wooden vessels, and Selective single-dong vessels).

No foreigner shall conduct fishery activities in an exclusive economic zone prescribed by Presidential Decree for the protection of fishery resources or coordination of fisheries (hereinafter referred to as "specific prohibited zone"), and where he/she intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone, he/she shall obtain permission therefor from the Minister of Oceans and Fisheries for each vessel.

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

Nevertheless, at around 21:00 on April 4, 2015, the Defendant: (a) went to board four seafarers under the same paragraph of the same paragraph of the same paragraph; (b) went on the port in order to load up three fishing gear; (c) on April 5, 2015, on April 19:30, the Defendant violated the order of the 501 nautical nautical nautical nautical nautical ray (NL) from the south East East-dong 15.5 nautical nautical nautical nautical nautical breadth (NL 37.40 minutes North latitude; east 125.01 minutes; and (d) was moving toward the east of the East East-do east-do, Incheon Spoon-gun, Mag-do at around 20:30 on the same day, and failed to comply with the order of the 501 nautical nautical nautical nautical nautical ray.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. The application of the Acts and subordinate statutes to Nana-man, Chinese fishing vessel (H) history photographs, Nana-China fishing vessel in violation of the order to stop a vessel, Nana-China vessel Sc, H (C) history photographs, list of crew members, and C vessel registration certificates, respectively;

1. Article 17-2 and subparagraph 1 of Article 6-2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone for Criminal Facts;

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