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(영문) 광주지방법원 목포지원 2020.02.07 2019고단1512
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

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

If the defendant fails to pay the above fine, 250,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of B (215 tons, river ships, and cargo of China) who is a promising fishing vessel in China.

A foreigner who intends to conduct fishery activities in the exclusive economic zone of the Republic of Korea shall obtain permission from the Minister of Maritime Affairs and Fisheries.

Nevertheless, around 18:23 December 1, 2019, the Defendant captured approximately 320 km from approximately 2.4 nautical miles (N 34.25.0 east 124.3 east 126.3 east 208-7 east 208) on the side of the exclusive economic zone of the Republic of Korea in the exclusive economic zone of the Republic of Korea.

Accordingly, the defendant conducted fishery activities in the exclusive economic zone of the Republic of Korea without permission from the Minister of Maritime Affairs and Fisheries.

Summary of Evidence

1. Defendant's legal statement;

1. Total list of seized articles, seizure photographs, consideration and direction-setting of each seized article, records of sale and purchase of each fishery product, photographs of each fishery product, cashier's checks, etc.;

1. The application of Acts and subordinate statutes to a report on the result of an investigation on boarding a foreign language vessel (1), a report on the capture of a Chinese fishing vessel in violation of the EZ Fisheries Act, a report on information related to the capture of a Chinese fishing vessel in violation of the EZ Fisheries Act, a report on the detection details, evidence pictures, evidence pictures, a certificate of fishing location, absure level, a criminal investigation report (unauthorized fishing and suspect entry, a report on the disposal of seized articles), and a report on investigation

1. Articles 16-2 and 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal framework on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 21(1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in the Confiscation Exclusive Economic Zone (Article 21(1) of the said Act shall be deemed the special provisions of Article 48 of the Criminal Act, and even if the defendant is not the owner, the catches, vessels, and fishing gear possessed by the defendant shall be subject to confiscation under

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

1. Article 69 of the Criminal Act of the custody order;

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