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(영문) 인천지방법원 2016.08.25 2016고단3814

영해및접속수역법위반

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The Defendant, as a Chinese citizen, is a captain who exercises overall control over the operation and fishery activities of a Chinese fishing vessel (30 tons or higher, hereinafter referred to as the “instant fishing vessel”) on the name of the Chinese fishing vessel running through the transit of gender C.

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, around 16:00 on May 18, 2016, the Defendant: (a) opened a 200 thrown-out fishing gear from the 11-nautical miles northwest-do, Incheon, in which the territorial sea of the Republic of Korea is over 12:00 on June 12, 2016; (b) opened a 200 thrown-out fishing gear from the 11-nautical miles from the 100 nautical miles of the Republic of Korea (North Korea, the 38.0 01 east-do, the 124.23 east-do, the 12:10 nautical miles from the territorial sea of the Republic of Korea at around 12:10 on the same day; (c) completed the 10.5 nautical miles from the 12.5 east-do 201 east-do 301 east-do 10.24 east-do 201 east-201 east.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police in relation to D or E;

1. A protocol of seizure and a list of seizure;

1. Each situation report, examination of evidence and photographs of the arrest of a Napo Chinese fishing vessel, the details of detection, the degree of capture, the unregistered Chinese fishing vessel, the name of the deceased (registered Chinese fishing vessel), the field inspection photograph, the investigation report (in the execution of a search and inspection warrant, and the entrusted management of the seized vessel), the receipt of a vessel, a pledge of custody of seized articles, inquiry of foreign crimes and investigative career data, and the application of a summary order

1. Criminal facts;