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(영문) 인천지방법원 2014.10.30 2014고단6205

영해및접속수역법위반

Text

Defendant

A A shall be punished by a fine of KRW 25 million, by a fine of KRW 15 million, and by a fine of KRW 10 million, respectively.

Reasons

Punishment of the crime

Defendant

A is a captain, who is the officer in charge of seafarer management and fishery activities in a transit fishing vessel E (45 tons, 7 personnel on board, and scam). Defendant B is a mate who is the person in charge of the operation site in the same fishing vessel, and Defendant C is an engineer who operates various equipment, etc. necessary for operation in the same fishing vessel and participates in operation.

On August 22, 2014, at around 17:00, the Defendants embarked on the above E in paragraph (1) of the same paragraph of the same paragraph, and loaded 300 and 70 knifties (high light) with a view to operating in the Korean sea area.

The Defendants, at around 09:00 on August 25, 2014, arrived at the parallel 37.39.66 minutes North latitude and 124.5 minutes East east-gun, Incheon Metropolitan City, at approximately 7 nautical miles south east-gun, and 5 nautical miles nautical miles), divided up about 4 breadths into 300 air-emitting gear loaded, and divided up to 150 breadths, 300 air-emitting gear from the north to the south. From around 16:0 on August 26, 2014 to around 16:30 minutes, 60K was captured, and 150 km from the parallel 30 minutes, respectively.

In the end, the Defendants conspired to capture 60 Kg of the fireworks by making illegal operation via E in the territorial sea of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes of Nabalk and Nabalk;

1. Relevant legal provisions concerning criminal facts: Each of the territorial sea and contiguous zone provided for in the former part of Article 7 (1), Article 5 (2) 10, and Article 30 of the Criminal Act;

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

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

1. An order of confinement: The crime of this case with the reason for sentencing under the proviso of Article 69(1) of the Criminal Act is a serious crime that the Defendants, by conducting fishery activities in the territorial sea of the Republic of Korea, would undermine the order for adequate preservation and management of Korean fishery resources

set the amount of the penalty.