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(영문) 광주지방법원 목포지원 2016.02.11 2015고단1407
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 60 million, and Defendant B shall be punished by a fine of KRW 40 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants are foreigners of the nationality of the People's Republic of China, Defendant A is the captain of D (117 tons, 10 passengers on board, 10 permission numbers, E, and 10 passengers) who are two network fishing vessels of the People's Republic of China, and Defendant B is the captain of F (117 tons on board, 10 passengers on board, 10 passengers on board, g, and closing vessels) who is the two network fishing vessels of the People's Republic of China.

In the exclusive economic zone of the Republic of Korea, the network fishing vessels of the Republic of Korea of the Republic of China shall be not less than 54 meters long from the working conditions of both fishing vessels of the Republic of Korea and the “surging of the nets of the nets” set out in the fishing procedures.

“The restrictions or conditions of the license” must be complied with.

Nevertheless, at around 17:30 on October 22, 2015, the Defendants conspired to capture fishery products of approximately 40 nautical miles from the northwest-do, west-do, west-gun, west-do (34-23, east 124-30, and 21 nautical miles inside the EZ), and violated the restrictions or conditions attached to fishery permits by capturing up approximately 315 km in total, including approximately 315 gg, early 20 g, and approximately 20 km in total, the distance inside the network loaded on the main line D, with approximately 44 meters.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records and list of seizure;

1. Nabal report:

1. Application of 13 copies of documentary evidence photographs (e.g., latitude/operation log/operation log/operation log/operation log/marm violation and evidence/coverage/cover/cover

1. The Defendants of Article 17 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone; Article 17 subparag. 2 and 10 of the Act on the Exercise of Sovereign Rights on Criminal Facts; Article 30 of the Criminal Act

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. A: 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 Litigation Act;

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

1. Defendants of the custody order: The sentencing under the proviso of Article 69(1) of the Criminal Act recognizes the Defendants’ mistake and reflects the Defendants.

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