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(영문) 인천지방법원 2015.11.05 2015고단6044
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of KRW 70,000,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of C (29 tons of steel boats, and Selective Ship in China) a fishing vessel.

Any prosecutor or judicial police officer prescribed by Presidential Decree may issue an order to stop a foreign vessel suspected of conducting illegal fishery activities in an exclusive economic zone, and in such cases, the owner or captain of the vessel shall comply with the order.

Nevertheless, at around 12:00 on September 1, 2015, the Defendant departed from the Republic of Korea in order to have four seafarers embark at the port of Madong-si, China, and to load a low net fishing gear. At around 16:10 on September 1, 201, the Defendant filed an appeal against the Incheon Cheongjin-gun, which was against the exclusive economic zone of the Republic of Korea around 2.9 nautical miles on September 16, 201, regarding approximately 43 nautical miles (N 37:16:64 east, N 124.03 40 east, N 14:40 east, N 14:44 east, N 14:0 east-do east-si, Incheon, which was moving to the speed of about 1:44:0 east-do east-do 300 east-do east-do east-do 14:5 east-do 105.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. Application of the CD-related Acts and subordinate statutes to cover the details of detection, Chinese fishing vessels (C) non-compliance with the stopping order, photographs and documentary evidence;

1. Subparagraph 1 of Article 17-2 and Article 6-2 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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order is the same as the violation of the Territorial Sea and Contiguous Zone Act of 1999, and it is its captain.

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