Text
Defendant
A shall be punished by a fine of KRW 160,000,000 and by a fine of KRW 140,000.
The defendants are the defendants.
Reasons
Punishment of the crime
Defendants are foreigners of the nationality of the People's Republic of China, Defendant A is the captain of D ( approximately 138 tons, KRW 10 on board, KRW 10 on board), a two-way fishing vessel of the People's Republic of China, and Defendant B is the captain of E ( approximately 138 tons, KRW 9 on board, KRW 9 on board), a two-way fishing vessel of China on board.
If a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea other than a specified prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.
Nevertheless, at around 15:10 on December 25, 2015, the Defendants conspired with the aforementioned permission, and captured approximately 5,000 g fishery products from the 52.5 nautical miles south of the west-gun, west-gun, the exclusive economic zone of the Republic of Korea (or approximately 14 nautical miles on North Korea, 34-26.9, east 124-20.7, EZ, and approximately 14 nautical miles on the part of the EZ) by operating in a manner of projecting and putting together two different net fishing gear.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocols of police seizure and list of seizure;
1. Location map of capture;
1. Application of Acts and subordinate statutes governing evidence photographs;
1. The Defendants of the relevant legal provision on criminal facts: Subparagraph 1 of Article 17 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone; Article 5(1) of the same Act; Article 30 of the Criminal Act
1. Articles 70(1) and 70(2) and 69(2) of the Criminal Act for the Defendants to be detained in a workhouse;
1. The Defendants: The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone; Article 132(1) of the Criminal Litigation Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act
1. Defendants of the custody order: The sentencing under the proviso of Article 69(1) of the Criminal Act is two times the unauthorized operation once and the non-permitted non-scheduled matters, as the Defendants A violated the Act on the Exercise of Sovereign Rights on Foreigners' Fishing in Exclusive Economic Area.
The fact that there has been punishment, Defendant B is the captain of the last vessel among the two net fishing vessels, the size of the vessel, the method of operation, the quantity of the captured fishery products.