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(영문) 광주지방법원 목포지원 2013.12.12 2013고단1663
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

The sentence against the accused shall be 80,000,000 won.

When the defendant does not pay the above fine, 200.

Reasons

Punishment of the crime

The Defendant, a Chinese long-sea fishing vessel C (48 tons, 135 EMs, Haak-dong, Haak-dong, 7 passengers on board) is the captain of the People’s Republic of China’s Republic of China’s nationality. A foreigner who intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea has obtained permission from the Minister of Maritime Affairs and Fisheries for each vessel. On November 2, 2013, the Defendant captured approximately 50 km using the above C without the permission of the Minister of Maritime Affairs and Fisheries from approximately 6 nautical miless on the part of the exclusive economic zone of the Republic of Korea ( approximately 56 nautical miles in Black-gun, west-si, west-do).

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the police suspect interrogation protocol regarding D;

1. Statement of each police statement of the E, F, G, H, and I;

1. Application of Acts and subordinate statutes to entries in the seizure list;

1. Article 17 Subparag. 1 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone where the relevant law on criminal facts and punishment are chosen;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Confiscation Exclusive Economic Zone, Article 132 (1) of the Criminal Procedure Act;

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

1. It is so decided as per Disposition for the reason above the proviso of Article 69 (1) of the Criminal Act;

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