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(영문) 인천지방법원 2013.06.13 2013고단2526

영해및접속수역법위반등

Text

Defendant

A A shall be punished by a fine of 6 million won, and Defendant B shall be punished by a fine of 3 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendants A, who were not in China, is the captain responsible for the overall operation and fishery activities of D(30 tons of a vessel) which is a low-net fishing vessel towing out of the shipment of the same paragraph. Defendant B is the captain who manages the goods of the above fishing vessel and assists the captain in the field supervision on deck at the time of operating fishing implements and fishing nets. Defendant E is an engineer who assists the captain in the operation of the above fishing vessel’s engine and the smooth operation of the vessel to facilitate safe navigation and fishery activities, and assists the captain.

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, around 05:00 on May 6, 2013, the Defendants: (a) around 05:00 on May 6, 2013; (b) on board four seafarers under paragraph (3) of the same paragraph; (c) loaded low net fishing gear, etc.; and

7. At around 22:00, the Cheongjin-gun, Incheon Cheongjin-gun, the territorial sea area of the Republic of Korea, was also 9.3mam (Yeong 2.7mast in the territorial sea) in the south East East East west 15 minutes of the water and captured approximately 5 kilograms of the water, which was administered as above, after approximately 15 minutes of the water.

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.

2. While Defendant A was prohibited from discharging pollutants from a ship into the sea, Defendant A and the Defendant, around 08:55 on May 9, 2013, 100: (a) around 08:55, at the sea near the ship’s naval port located in Jung-gu Incheon Jungdong, Jung-gu, Incheon, Jung-gu, Incheon, for cleaning and repairing engine engines; and (b) at the sea, 10 liters via a drained water discharge without locking the valves for cleaning and repairing engine engines.

Summary of Evidence

1. Defendants’ respective legal statements

1. A situation report, a bareboat, a situation map, and a photograph of each illegal fishing vessel;

1. Each marine pollution;