영해및접속수역법위반
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence No. 1 shall be forfeited from the defendant.
Punishment of the crime
The Defendant, as a Chinese national, is a captain who exercises overall control over the operation and fishery activities of C (18 tons, hereinafter referred to as “the instant vessel”) which is a low-net fishing vessel, a fishing vessel, other than the Chinese registry, being towed at the same time.
A foreign vessel may navigate in the territorial sea of the Republic of Korea without prejudice to peace, public order or security of the Republic of Korea, to the extent that such navigation does not impair peace, public order or security of the Republic of Korea, and when a foreign vessel engages in fishing at the time of passage, it shall be deemed to impair peace, public order or security of the Republic of Korea, and no crew member of a foreign vessel or other passenger shall violate such prohibition
Nevertheless, at around 08:00 on April 22, 2016, the Defendant: (a) went to board the said vessel with two other crew members on board; (b) sailed from the port of Seongdong-si, Incheon; (c) on April 27, 2016, at approximately 9.5 nautical miles from the territorial sea of the Republic of Korea; (d) on April 27, 2016, the Defendant: (e) opened the port of 2.5 nautical miles from the Dopo-gun, Incheon; (e) opened approximately 2.5 nautical miles from the territorial sea of the Republic of Korea (e.g., Incheon; 37:41 minutes from the North Korea; 125.46 minutes from the east-do; and (e) opened the port of 01:04 east-do from April 28, 2016 to the 3.1 nautical miles of the Republic of Korea (e.g., the 40007 east-1 7.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A protocol of seizure and a list of seizure;
1. A report on the Naban situation of a Chinese fishing vessel, a report on the Naban situation of a Chinese fishing vessel, a report on the Naban situation of a Chinese fishing vessel, a photo of Chinese fishing vessel, an illegally verified Chinese fishing vessel C on-site inspection photo, identification card, a copy of a ship registration certificate, each investigation report (with respect to confirmation of the state of catch and unexplosion, execution of a search and inspection warrant, and entrusted management of a vessel), confirmation photograph of the catch of an illegal fishing vessel C, a C search verification warrant execution photograph, a vessel receipt certificate, and