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(영문) 인천지방법원 2014.01.27 2014고단191

영해및접속수역법위반

Text

Defendant

A shall be punished by a fine of KRW 40 million, by a fine of KRW 30 million, by a fine of KRW 30 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain who is comprehensively responsible for the operation and fishery activities of E (class 35 tons vessel) which is the vessel running through the shipment of the same paragraph at the time of China. Defendant B is a mate who manages the goods of the above fishing vessel and assists the captain in the field, such as on-site supervision, at the time of operating fishing gear and operating fishing gear. Defendant C is an engineer who assists the captain in the operation of the above fishing vessel's engine and oil management so that safety navigation and fishery activities can be facilitated.

No foreign vessel shall engage in any activity detrimental to peace, public order, or security of the Republic of Korea, such as fishing at the time of passage through the territorial sea of the Republic of Korea.

Nevertheless, at around 22:00 on December 19, 2013, the Defendants loaded and departed from the port of the same paragraph of the same paragraph, 1,000 fishing gear, which was 22:0,000 from China. At around 08:00 on the 22th of the same month, the Defendants captured 8.3 miles-do, Incheon Cheongjin-gun, the territorial sea of the Republic of Korea, on the 08:0 on the 14:0 on the 2nd of the same month, the 08:3 miles-do, the 00 Man-do, the 8.5 Man-do, the 05 Man-do, the 08.5 Man-do, the 00 Man-do, the 00 Man-do, the 8.7 Man-do, the 00 Man-do, each of which was loaded on the northwest-west (the 3.3Man-do).

Accordingly, the Defendants conspired to engage in fishing activities within the territorial sea of the Republic of Korea to impair peace, public order or security of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the situation report, Chinese fishing vessel bareboat report, bareboat situation map, and photographic Acts and subordinate statutes;

1. Relevant legal provisions and the selection of punishment for a crime: Each territorial sea and Contiguous Zone Act, the former part of Article 7 (1), Article 5 (2) 10, and Article 30 of the Criminal Act;

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;