logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2014.11.14 2014고단1489
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 100 million.

If the defendant fails to pay the above fine, 200,000 won shall be one day.

Reasons

Punishment of the crime

The defendant shall obtain permission from the Minister of Oceans and Fisheries for each vessel, which intends to conduct fishery activities from the captain of a fishing vessel C (48 tons, lives, lives, and 9 passengers) of Chinese nationality, and intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea.

Nevertheless, at around 06:00 on October 4, 2014, the Defendant captured approximately 100 km (6 boxes) in an early manner by throwing off one mold of the oil-net gear loaded on C at sea at 52 nautical miles (4.6 nautical miles on the part of the EZ), the Maritime Affairs and Fisheries exclusive economic zone of the Republic of Korea, without permission from the Minister of Oceans and Fisheries.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the detection and guidance of the operation;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on documentary evidence, seized articles and photographics;

1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone for Criminal Facts (the defendant has installed 24 iron plates harming both vessels in preparation for the crackdown on the piracy of the Republic of Korea, the fact that he/she refused to comply with an order to stop down his/her vessel upon the crackdown and escaped, the size of the vessel, catch, etc. shall be determined in consideration of the amount of the fine);

1. Articles 70 (1) 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. The proviso of Article 69 (1) of the Criminal Act to the custody order;

arrow