logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2017.07.13 2017고단340
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

[Defendant A]

1. The sentence against the accused shall be 100,000 won;

2. The above fine shall be imposed on the defendant.

Reasons

Punishment of the crime

Defendant

A, rather than the necessity of the People's Republic of China, A is a captain of sexual F2 net G (130 tons, 120 EMs, wire ships, and 13 crew members). Defendant B is an institution head that performs the management of the engine in the ship so that safety navigation and fishing can be facilitated by smoothly operating the engine engine of the above ship, and Defendant C is a mate that assists the operation of navigation and fishing in shift with Defendant A of the above ship.

When a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea other than a specific prohibited zone, he/she shall obtain permission from the Minister of Oceans and Fisheries of the Republic of Korea.

Nevertheless, the Defendants conspired to enter the exclusive economic zone of the Republic of Korea (Fix35-40N, 124-31E) around 22:00 on April 22, 2017, with the knowledge that the said vessel was not permitted to fish in the territorial sea of the Republic of Korea, and engaged in fishing activities taking 1,25kg of the Republic of Korea around the 23th day of the same month from around 17:00 to around 07:00 on April 24, 201, using a string of the 13th day (36-35 N, 125-15 EZ, approximately 36 EZ on the sea near the 13th day from the 17:0 of the same month to the 07:00 on the 24th day of the same month.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to H and I;

1. Written statements of J and K;

1. A protocol of seizure and a list of seizure;

1. Application of the details of detection, each evidence photograph, protocol of verification, and photograph Acts and subordinate statutes;

1. Article 16-2 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones under each of the relevant provisions of the Act on Criminal Facts, Article 30 of the Criminal Act;

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

1. Confiscation Defendant A: the main text of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone (hereinafter "the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc.") is a crime under Article 16-2 of the same Act.

arrow