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(영문) 인천지방법원 2016.06.09 2016고단1894
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

A defendant shall be punished by a fine not exceeding 70 million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 13, 2005, the Defendant was sentenced to a fine of 13 million won as a violation of the Act on the Exercise of Sovereign Rights against Foreigners in Exclusive Economic Area by imprisonment with prison labor for a violation of the Territorial Sea and Contiguous Zone Act at the Incheon District Court on September 13, 2005, and a fine of 20 million won by the same court on October 12, 2006.

The Defendant, either as a Chinese citizen, is a captain who exercises overall control over the operation and fishery activities of D (45 tons of a vessel, hereinafter “the instant vessel”) which is a low-net fishing vessel, the towing of which other than the Chinese vessel at the same time.

A public prosecutor or a judicial police officer prescribed by Presidential Decree may issue an order to stop a vessel in a foreign country suspected of engaging in illegal fishing activities in an exclusive economic zone, and the vessel shall comply with such order.

Nevertheless, the Defendant, at around 06:0 on April 4, 2016, moved to the 15 nautical miles East-dong, Sindong-si, Incheon, where approximately 48.8 nautical miles in the exclusive economic zone of the Republic of Korea was invaded by the order of 15 nautical miles in the 2016 east-do (the 37.36 east-do, 125 01 east-do, 125 east-do, 17 east-do, and the 15 east-do 2 nautical miles in the 2010 east-do, Incheon, where he was prepared to conduct fishing on board the said vessel, and had other crew on board the 1string-do 308 nautical miles, which is a judicial police officer at around 17:00 east-do, without complying with the order of 15 nautical miles in the 208 east-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Abstin, abstin, abstin, a photographic of the arrest of the Chinese fishing vessel, a photoic of the Chinese fishing vessel, a list of seafarers (D), an identification card, a vessel registration certificate, and

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