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(영문) 제주지방법원 2018.02.09 2018고단1
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80 million.

If the defendant does not pay the above fine, 20,000 won.

Reasons

Punishment of the crime

The Defendant is the captain of a vessel (Vinant vessel and 190 tons) carrying sea-fishing vessels (Vinant vessel and 190 tons) under Chinese finite vessel.

Where a foreigner intends to conduct fishery activities in an exclusive economic zone, other than a specific prohibited zone, he/she shall obtain permission from the Minister of Oceans and Fisheries for each vessel, and the term "fishery activities" means fisheries or search and gathering related to fisheries, storage, storage and processing of catches, transport of catches or their products, dissemination of materials necessary for vessels, and other activities related to fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries.

On November 21, 2017, at around 03:00, the Defendant entered the exclusive economic zone of the Republic of Korea without obtaining permission for fishery activities from the Republic of Korea, and conducted fishery activities by around 03:40 on the same day until around 32:56 degrees north latitude and around 124:39 degrees east 124:39 degrees east, both of which supply water, water, and other things necessary for vessels to other network Chinese fishing vessels D (V, 215 tons) and by 260 boxes, such as 3:50 tons prior to the same day after obtaining permission for fishery activities from D, and around 04:50 minutes prior to the same day, the Defendant conducted fishery activities by around 04:50 degrees 32°N and 51°N and 124°40 degrees east.

Accordingly, the defendant conducted fishery activities in the exclusive economic zone of the Republic of Korea without obtaining permission for fishery activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol (two times) concerning suspect interrogation of E;

1. Statement made by the police with regard to F;

1. Reporting on distribution of Chinese fishing vessels, etc. in violation of the laws and regulations on fisheries in the economic waters, and evidence C;

1. Application of each protocol of seizure and statutes on the list of seizure;

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

1. The order of provisional payment;

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