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(영문) 인천지방법원 2013.11.25 2013고단7213
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A A The fines of KRW 40 million shall be punished by fine of KRW 30 million, Defendant B shall be punished by fine of KRW 30 million, and Defendant C shall be punished by fine of KRW 45 million.

Reasons

Punishment of the crime

Defendant

A is the captain of E (30 tons, necked) who is a low-net fishing vessel towing out of the shipment of the same paragraph at the time of China. Defendant B is the mate of the above fishing vessel, who assists the captain in navigation and operation at the deck, and Defendant C is the engineer of the above fishing vessel, who manages the operation equipment such as the engine management of the fishing vessel.

No foreigner shall engage in fishing activities in a specific prohibited zone established for the protection of fishery resources or coordination of fisheries in the exclusive economic zone of the Republic of Korea.

Nevertheless, at around 06:00 on October 16, 2013, the Defendants: (a) loaded two fishing gear on the said fishing vessel; (b) boarded seven seafarers; and (c) carried out fishing in the vicinity of the North Korean non-exclusive economic zone; (b) attempted to carry out fishing in violation of the exclusive economic zone of the Republic of Korea; (c) around 20:00 on October 21, 201, the Defendants: (a) carried out fishing activities in the vicinity of the exclusive economic zone of the Republic of Korea at 18 miles-gun, Incheon, a specific prohibited area in the exclusive economic zone of the Republic of Korea (the parallel of lat. 37:34 minutes; (d) 03:00 of the parallel of lat. 125:07 of the exclusive economic zone; and (e) 49.7 minutes of the exclusive economic zone; and (e) carried out fishing activities in the exclusive economic zone of the Republic of Korea during the course of 21:20 of the same month.

As a result, Defendants conspired to conduct fishery activities in a specific prohibited area in the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Nabrid and situation report.

Each photographic

1. Application of Acts and subordinate statutes on seizure records;

1. Article 17 subparagraph 1 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone, and Articles 17 and 4 of the Criminal Act, and Article 30 of the Criminal Act;

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

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