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(영문) 광주지방법원 목포지원 2021.03.30 2021고단86
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 250 million.

If the defendant does not pay the above fine, 40,000 won.

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of the People's Republic of China, who is a captain of a unregistered Chinese fishing vessel (100 tons of a vessel, a steel vessel, and a Chinese stone vessel).

A foreigner who intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea shall obtain permission from the Minister of Maritime Affairs and Fisheries.

Nevertheless, around 04:00 on January 20, 2021, the Defendant, at approximately 16 nautical miles (34.02 east 124.20 east east 20 east east east 37 east east east east east east east east east east east east east, 37 nautical miles) located within the exclusive economic zone of the Republic of Korea, captured approximately 5.7 nautical miles on the side of the exclusive economic zone of about 10:0 east 15.7 nautical miles (North 34.0 east 03 east east 124.20 east east east east 37 east east east east east east east).

Accordingly, the defendant conducted fishery activities in the exclusive economic zone of the Republic of Korea without the permission of the Minister of Oceans and Fisheries.

Summary of Evidence

1. Application of Acts and subordinate statutes to each investigation report on seizure and list of seizure records filed by the police against the defendant's legal statement B;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Confiscation;

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

1. The reason for sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order is that the illegal fishing of Chinese fishing vessels causes serious loss or damage to the fishery resources of the Republic of Korea due to the serious destruction or damage of the fishery resources of the Republic of Korea, and the input of many human resources and equipment of the maritime police so as to crack down this, so it is necessary to bear strict responsibility.

On the other hand, the defendant seems to be against the defendant, and there is no record of criminal punishment in Korea.

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