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(영문) 광주지방법원 목포지원 2015.12.07 2015고단1410
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 160 million and by a fine of KRW 140 million, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendants are foreigners of their nationality in the People's Republic of China, Defendant A is the captain of the D(163 tons, 15 boarding crew, 15 permission number E, and 3) of the Giuri net fishing vessel in the People's Republic of China, Defendant B is the captain of the Pari net fishing vessel in the People's Republic of China, and Defendant B is the captain of the Pari net fishing vessel in the People's Republic of China.

No other net fishing vessel that intends to conduct fishery activities with permission from the Minister of Oceans and Fisheries in an exclusive economic zone of the Republic of Korea shall conduct fishing activities in the area of waters on which large rollls are prohibited.

Nevertheless, at around 01:00 on October 24, 2015, the Defendants conspired with each other at approximately 36 nautical miles (35-20 N, approximately 37 nautical miles on the side of EZ, approximately 11 nautical miles on the side of the large roller line, approximately 37 nautical miles inside the large roller line) northwest-do Hong-gun, Newannam-gun, west-do, Hong-do, west-gun, west-do, (hereinafter referred to as the “N”), followed up approximately 1,200 g of destroyed volume by working with the e-ray F, and continuously captured approximately 34 nautical miles on the 03:0 on October 24, 2015, at approximately 34 nautical miles-do (hereinafter referred to as the “N 35-18, 125-10, 125-10 on the side of the vessel, or about 139 nautical miles in the e frame.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police seizure record and the list of seizure;

1. A statement of detection;

1. 17 copies of documentary evidence photographs;

1. Application of eight copies of seized articles, documentary evidence and photograph of eight Acts and subordinate statutes;

1. Defendants of the relevant legal doctrine on criminal facts: Subparagraph 2 of Article 17 and Article 10 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone; Article 30 of the Criminal Act

1. Defendants in the custody of a workhouse: Articles 70(1) and (2) and 69(2) of the Criminal Act;

1. Defendants: The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone; Article 132(1) of the Criminal Procedure Act;

1. Defendants of the provisional payment order:

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