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(영문) 인천지방법원 2014.07.17 2014고단3970

영해및접속수역법위반

Text

Defendant shall be punished by a fine of KRW 40 million.

If the above fine is not paid, 200,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a captain who is responsible for the overall operation and fishery activities of C(8 tons of ships) which is a fishing vessel with simple loading of Chinese vessels.

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, at around 20:00 on June 3, 2014, the Defendant: (a) loaded five seafarers under paragraph (1) of the same paragraph of the same paragraph of the same Act; (b) loaded five seafarers; and (c) loaded more than 300 transiters; and (d) left the port;

5. From 04:00 to 6.1 nautical miles in the south east-dong, Incheon Cheongjin-gun, the territorial sea of the Republic of Korea, also opened a 100 thrown line from the south east-dong to 5.7 nautical miles in the south east-dong, and captured 10 mawn in the south 04:30 on the same day.

The Defendant, from June 7, 2014 to June 02:00, engaged in fishing activities using the ventilation gear within the territorial sea of the Republic of Korea, as indicated below, thereby undermining peace, public order, or security of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to situation reports and documentary evidence materials;

1. Relevant legal provisions concerning criminal facts: The former part of Article 7 (1) and Article 5 (2) 10 of the Territorial Sea and Contiguous Zone Act, and Article 30 of the Criminal 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, Article 132 (1) of the Criminal Procedure Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reasons under Article 334 (1) of the Criminal Procedure Act;