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(영문) 인천지방법원 2013.06.20 2013고단2780

영해및접속수역법위반

Text

Defendant shall be punished by a fine of KRW 100 million.

If the defendant does not pay the above fine, 500,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a captain of a unregistered, unregistered, Chinese fishing vessel (one ton, 80 ton, 80 ton, and wooden vessel).

Although a foreign vessel is prohibited from engaging in fishing activities in the territorial sea of the Republic of Korea, the Defendant, at around 15:00 on May 4, 2013, entered the port of the Republic of Korea, departing from the port of loading four crew and 100 U.S. fishing gear (1.3m per breadth: 40m; 1.3m in width) and departing from the port of South and North Korea at the boundaries of South Korea (NL). On May 13, 2013, at around 37-39 NN and 125-58 EN (1.5m in parallel, 5m in parallel, 11.5m in territorial sea, 00 on May 13, 2013.

At around 18:00 on the same day, he illegally captured 5 km.

As such, the Defendant invadedd the territorial sea of the Republic of Korea and engaged in fishing activities.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure, and report on internal investigation (59 pages of investigation records);

1. Application of the Acts and subordinate statutes to Chinese fishing vessel bareboat reports, the limit of capture, and photographs;

1. Relevant legal provisions and the selection of punishment concerning facts constituting an offense: Territorial sea and Contiguous Zone Act, the former part of Article 7 (1) and Article 5 (2) 10 of the same Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Confiscation: The latter part of Article 7 (1) of the Territorial Sea and Contiguous Zone Act;

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;