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(영문) 제주지방법원 2020.06.24 2019고정392
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300 million.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner and the captain of China B (311 tons, pan-nets, steel ships, and 16 passengers on board).

Where any foreigner 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 Maritime Affairs and Fisheries.

Nevertheless, on January 23, 2019, from around 20:00 to 21:00 of the same day, the Defendant captured 60km away from southwest 67 nautical miles (32°16.85°N 125°29.15°N inside the line of Korea Fisheries Agreement) from southwest 67 nautical miles (32°N 16.85°N 125°29.15°N on the side of the line of Korea Fisheries Agreement) and captured 60km, with a net net fishing gear, with a net net, and captured f0km, from around January 25, 2019 to 15:30 of the same day, the Defendant captured 64 nautical miles southwest (32°N 17.04°N 125°28.07 minutes) from southwest 15°N on the same day.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement on C, D, E, and F;

1. Each statement of G, H, I, and J;

1. Application of Acts and subordinate statutes to the details of detection, a report on the results of boarding investigation, each B documentary evidence, each seizure record, each seizure list, each consideration keeping record, a fact-finding report, and a fact-finding report, respectively;

1. Articles 16-2 and 5 (1) 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 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Confiscation Exclusive Economic Zone;

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

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