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(영문) 제주지방법원 2015.12.02 2015고단1443
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 150,000,000.

When the defendant does not pay the above fine, 200,000 won.

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of the People's Republic of China, and is the captain of the Pream C (168 tons, steel) of the People's Republic of China's Republic of China.

A foreigner who intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone shall obtain permission from the Minister of Maritime Affairs and Fisheries for each vessel.

Nevertheless, on October 10, 2015, from around 06:00 to 07:00 of the same day, the Defendant engaged in fishery activities, such as capturing approximately 4 kmg by using the above vessel, which was located at approximately 79 nautical miles from Jeju Island (33:2.2 minutes north latitude and 124.3.8 minutes East longitude) in the exclusive economic zone of the Republic of Korea without the permission of the Minister of Oceans and Fisheries.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the result of boarding survey, a report on the capture of a Chinese fishing vessel (C) in violation of the EE Z Fisheries Act, and a chart of the population;

1. Application of Acts and subordinate statutes governing evidence photographs;

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 relevant legal system on criminal facts;

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;

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

1. The circumstances that are favorable for sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order: (a) recognizing the facts of crimes and reflects the fact of crimes; and (b) having no record of criminal punishment in the Republic of Korea; (c) disadvantageous circumstances that there are no records of criminal punishment in the Republic of Korea: The instant crime is an act of causing severe damage to a large number of Korean fishermen, who are working in a difficult environment, by doing fishery activities without permission in the exclusive economic zone of the Republic of Korea, thereby impairing the order of adequate preservation and management of Korean fishery resources.

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