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(영문) 인천지방법원 2013.05.30 2013고단2160

영해및접속수역법위반

Text

Defendant

A shall be punished by a fine of KRW 4 million, by a fine of KRW 3 million, by a fine of KRW 3 million, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain who is comprehensively responsible for the operation and fishery activities of low-net E (20 tons tons) fishing vessels other than China's vessel, and Defendant B is a mate who manages the goods of the above fishing vessel and assists the captain in the field supervision on deck in operating fishing gear and nets. Defendant C is an engineer who assists the captain in the operation of the above fishing vessel's engine and the operation of fishing gear and nets. Defendant C is an engineer who assists the captain in the operation of the vessel's engine and the operation of the vessel 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.

On April 18, 2013, at around 03:00, the Defendants boarded seven seafarers under paragraph (1) of the same paragraph of the same paragraph, loaded a low net fishing gear, and depart from the territorial sea of the Republic of Korea at around 11:20 on April 19, 201, and entered the port of the Republic of Korea at around 11:5 on the same day, the appeal of the Incheon Cheongjin-gun, Incheon, also came to the sea of approximately 13 miles on the south East East west west west east 11,00, while moving to the direction of North west 20 minutes, the Defendants captured approximately 11 km from the south East west west west west west 111 (hereinafter referred to as the “Yan Sea west west 10km”).

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes to the arrest reason, the degree of appearance, and each photograph;

1. Relevant legal provisions and the selection of punishment for a crime: Each territorial sea and contiguous zone provided for in 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;