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(영문) 인천지방법원 2017.06.15 2017고단2925

영해및접속수역법위반

Text

A defendant shall be punished by imprisonment for two years and by a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Force】 On June 4, 2009, the Defendant was sentenced to a fine of KRW 4,100,000 as a violation of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing in Exclusive Economic Area by the Incheon District Court.

【Criminal facts” The Defendant is the captain of a fishing vessel (two tons of a vessel, two crew members on board, two crew members on board; hereinafter “No. 1”) under subparagraph 1 of the Chinese registry without permission, and the vessel owner of a fishing vessel under subparagraph 2 on the non-permitted name of the vessel (2 tons of a vessel, two crew members on board, two crew members on board, and three crew members on the captain’s name; hereinafter “No. 2”). The Defendant is a Chinese national who exercises overall control over navigation and fishing activities under subparagraphs 1 and 2.

1. No foreign vessel illegally operated in the territorial sea shall engage in fishing that is an act detrimental to peace, public order, or security of the Republic of Korea within the territorial sea of the Republic of Korea;

Nevertheless, on March 29, 2017, at around 22:00 (Korean time; hereinafter the same), the Defendant departed from the Republic of Korea to operate a ship by forming two fishing vessels listed in subparagraphs 1 and 2 of the same paragraph at the same time at around 03:00 of the same month. On March 31, 201, at around 03:00 of the same month, the Defendant arrived at the seat of the Incheon Spojin-gun-gun, Incheon, Spool-gun, NL (hereinafter referred to as “Sasan”) and took it as a temporary accommodation, and took it out while leaving the Republic of Korea, he abandoned the two objects, and went back from the name of the captain of another Chinese fishing vessel, who was not the captain of another Chinese fishing vessel, and was called from the captain of the other Chinese fishing vessel to the sea area of Korea to enter the sea area with the above C, with a view to gathering them.

Defendant, along with the above C on April 9, 2017, entered the territorial sea of the Republic of Korea by departing from the above No. 1, 207:30 on April 9, 2017, at the same time, around 10:30 on the same day, Defendant, at around 10:30 on the same day, captured 20 km, which was projected at the sea at the 9.7 nautical miles-do, Incheon Cheongjin-gun, Incheon (North 37.40.80 east, 125.20 east, east 125.5.20 east, east 15.5 nautical miles of the territorial sea of the Republic of Korea, and captured 20 km-do on the same day at around 22:00 on the same day.