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(영문) 인천지방법원 2014.07.17 2014고단3909
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 40 million, Defendant B, and C by a fine of KRW 20 million.

The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a captain, who is responsible for seafarer management and fishery activities in the E-fishing vessel for the operation of the same fishing vessel with the loading of China, instead of China. Defendant B is an engineer who assists the captain in the same fishing vessel, and Defendant C is an engineer who operates various equipment necessary for the operation of the same fishing vessel and participates in the operation of the fishing vessel.

On May 24, 2014, at around 23:00, the Defendants loaded 500 air-emitting gear under paragraph (1) of the same paragraph (hereinafter “Korea hours”) and departed from the port to operate after the passengers embarked on E.

On May 25, 2014, at around 23:30, the Defendants arrived at 37°37 minutes North latitude, which is a specific prohibited area in the exclusive economic zone of the Republic of Korea, and 125°02 minutes East longitude (F 15 nautical miles south-gun, Cheongcheon-gun, EZ 49 nautical miles), and opened a 400 throw-out fishing gear at the point of projecting on May 26, 2014, the Defendants got her two nets connected with the fishing gear at the point of projecting on May 26, 2014, and captured approximately 120 km in such a way as to make it possible for the Defendants to dispose of the tight-out fishing gear, and to capture 120 km.

around 03:00 on May 27, 2014, the Defendants continued to illegally capture approximately 100 km from the point above which is a specific prohibited area in the exclusive economic zone of the Republic of Korea to 07:00 in the same manner.

Ultimately, the Defendants conspired to illegally capture the catch of 220km equivalent to the total of 3 times in a specific prohibited zone in the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to situation reports and documentary evidence materials;

1. Relevant legal provisions concerning facts constituting an offense: Subparagraph 1 of Article 17 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone, Article 4 of the same Act, and Article 30 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Confiscation (Defendant A): within the exclusive economic zone;

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