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(영문) 인천지방법원 2020.04.09 2020고단348

영해및접속수역법위반

Text

Defendant

A Imprisonment with prison labor of one year and a fine of one hundred million won, Defendant B's imprisonment with prison labor of eight months and fine of thirty million won and Defendant C.

Reasons

Punishment of the crime

Defendant

A (China's nationality, A) is an unregistered fishing vessel (50 tons, 50 tons, 7 persons on board, d) who takes overall control of the operation and fishing activities of a non-registered fishing vessel (the captain, the defendant B (China's nationality, and B) who takes overall control of the operation of the vessel's engine and other activities, and in operating the vessel, the engineer operating the two network and the defendant C (China's nationality, C) shall supply goods and food materials necessary for operation on behalf of the owner of the vessel and manage the catches.

No foreign vessel shall engage in fishing activities, within the territorial sea of the Republic of Korea, which is an act detrimental to peace, public order, or security of the Republic of Korea.

Nevertheless, on January 2, 2020, the Defendants loaded one (2) of the type of fishing gear illegally remodeled to the above fishing vessel under paragraph (1) of the same paragraph at the time of Gandong-dong (Korean time; hereinafter the same shall apply) from January 2, 2020, on board four seafarers, departing from the sea area of the Republic of Korea for the purpose of fishing in the Republic of Korea, and arriving in the area of the North westdo of Incheon Cheongjin-gun, Incheon on January 3, 2020, and captured a total of 55 km, such as a net fishing gear, at the sea near the same Do-do, from January 4, 2020 until January 06:0, approximately 2.2 nautical miles (37.3 minutes north-do, 125Do57.80 minutes north-do, and approximately 9.8 nautical miles of territorial sea of the Republic of Korea).

Accordingly, the Defendants conspired to engage in fishing activities within the territorial sea of the Republic of Korea.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The suspect interrogation protocol against the Defendants

1. The report on the current status relating to the Chinese fishing vessel in the Yellow-do, Seogyeong-do (1 to 7 newsletter);

1. Nabalevel;

1. The photographs of Chinese fishing vessel GPS fluor;

1. The police statement of E, F, G, and H;

1. Investigation report (verification of the volume and status of the catch, and opinion on keeping the price);

1. Investigation report (in the case of telephone communications with the owner of a ship in the role ofC);

1. Application of Acts and subordinate statutes to an investigation report (referring to the analysis of the data on the port of GPS PS PPPpl grounds and the Navy KNTS ports of the Navy);

1. Article concerned of the Criminal Act and the choice of the territorial sea and contiguous zone Act;