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(영문) 인천지방법원 2013.10.14.선고 2013고단5744 판결

영해및접속수역법위반

Cases

2013 Highest 5744 Violation of the Territorial Sea and Contiguous Zone Act

Defendant

CHAPTER* (56 - 55), Masters

Residence of China

Nationality China

Prosecutor

Heunified (prosecutions) and Gyeongsung (Public Trial)

Defense Counsel

Attorneys Noh Jeong-soo (Korean National Assembly Line)

Imposition of Judgment

October 14, 2013

Text

Defendant shall be punished by a fine of KRW 100 million.

When the defendant does not pay the above fine, the period of 1,000,000 won converted into one day shall be avoided.

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

The Defendant is a captain who is responsible for the operation and fishery activities of the vessel that is the vessel running through the shipment of the same paragraph from China to China* (10 tons of a vessel). Foreign vessel passes through the territorial sea of the Republic of Korea.

No act detrimental to peace, public order or security of the Republic of Korea shall be committed by engaging in fishing activities.

On August 30, 2013, the Defendant loaded at least 400 copies of the fishing vessel from around 00 China to around 00, * Si* from around 5 other seafarers, and left the fishing vessel. At around 31:17:00 on August 31, 201, the Defendant: (a) entered the territory of the Republic of Korea, Incheon Spojin-gun, into the territory of the Republic of Korea; (b) 5:0 on July 5, 201, at the sea (20 minutes north latitude 37:42 minutes north latitude, 124°54 minutes East longitude, and 4:5 minutes in the territorial sea of the Republic of Korea; and (c) thereafter, from around that time to September 103:03 of the same year, the Defendant engaged in the following activities to ensure the safety and order of the Republic of Korea, thereby impairing the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Nabrids, Nabs and Nabs and photographs; and

Application of Statutes

1. Relevant legal provisions and the selection of punishment for a crime: Territorial sea and Contiguous Zone Act (former part of Article 7 (1) of the Territorial Sea and Contiguous Zone Act);

Article 5(2)10 (Selection of Fines)

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

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

Judges

Judges Kang Jae-ho