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(영문) 제주지방법원 2020.09.09 2019고정260
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of 200 million won.

If the defendant fails to pay the above fine, the amount of KRW 400,000 shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of the B(the master vessel, 188 tons, river vessel, and 15 persons on board) of the People's Republic of China.

1. Where a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea, he/she shall obtain permission from the Minister of Maritime Affairs and Fisheries for each vessel;

Nevertheless, from 08:00 on December 3, 2018 to 09:09 on the same day, the Defendant conducted fishery activities using a pan-net fishing gear without obtaining permission from the Minister of Oceans and Fisheries at 32°27.85 minutes north latitude and 125°65 minutes east longitude).

2. On December 3, 2018, the Defendant was discovered to have been conducting fishery activities without permission at the 69 nautical miles southwest of Jeju, an exclusive economic zone of the Republic of Korea, as described in paragraph (1) around 09:09, and the Defendant escaped for about 26 minutes from the point of 09:4:45 degrees north latitude 32.85 degrees east 125.8 minutes east east 126 minutes east east east 125.8 minutes east east east east 129 minutes east east east east east east east east east, and the Defendant received a stop order from the police officers belonging to the Jeju Coast Police Station by using the signal signal, light light, whistle signal, signal, and signal for fostering the use of anti-cyberphones on the same day.

Accordingly, the defendant did not comply with the order of judicial police officers to stop the vessel which is deemed suspected of illegal fishing activities.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of D police statement;

1. A statement of detection;

1. Application of Acts and subordinate statutes concerning field documentary evidence and photographs of B fishery activities;

1. Articles 16-2, 5 (1), 17-2, and 6-2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal framework on criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Sovereignty on foreign fishing, etc. within the confiscation exclusive economic zone;

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