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(영문) 인천지방법원 2014.07.24 2014고단4322
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendants shall be punished by a fine of 40 million won.

Where the above fine is not paid, 200,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is the captain responsible for the operation and fishery activities of low-net E (40 tons tons) fishing vessels, who are not charged with China's open-to-going cargo shipment. Defendant B is the captain who assists the captain, such as on-site command, etc. in the deck at the time of navigation and operation of the above fishing vessel. Defendant C is the engineer who is responsible for the safety navigation of the above fishing vessel and the promotion of fishery activities.

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, around 03:00 on June 6, 2014, the Defendants entered the sea area of the Republic of Korea for the purpose of fishing, such as fishing, around 02:00 fireworks of the same paragraph, on the one hand, loaded one mold of low net fishing gear, boarded four seafarers, and entered the sea area of the Republic of Korea on June 14, 2014.

On June 14, 2014, at around 03:00, the Defendants: (a) operated one mold of a low net fishing gear on the sea adjacent to 37°36°50 east 124°58 east 124°58 east 200 east 13.5 nautical miles south east 13.5 nautical miles, exclusive economic zone 46 nautical miles).

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Situation report;

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

1. Relevant legal provisions concerning criminal facts: Subparagraph 1 of Article 17 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the exclusive economic zone, and Articles 4 and 30 of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for the reasons under Article 334 (1) of the Criminal Procedure Act;

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