beta
(영문) 인천지방법원 2016.06.30 2016고단2643

영해및접속수역법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and ten months, defendant B and C, and one year.

The seizure of articles 1 through 4.

Reasons

Punishment of the crime

Defendant

A is a captain who supervises the operation and fishery activities of E (the 47 ton vessel, hereinafter “the above vessel”) which is a low-speed fishing vessel other than China’s Chinese vessel, and is in charge of the operation and fishery activities of E (the 47 ton vessel, hereinafter “the above vessel”). Defendant B, as a Chinese vessel, is an engineer in charge of the duties, such as assisting the captain of the above vessel, helping the steering of the vessel and guiding the operation and fishing gear. Defendant C, as a Chinese vessel, is an engineer in charge of the duties, such as assisting the captain of the above vessel so that the vessel can navigate safely and facilitate fishery activities, managing engine engines and oil, and operating the said vessel smoothly.

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

On April 20, 2016, at around 08:00, the Defendants conspireded to embarking on four seafarers on the said vessel under the same paragraph and paragraph of the same paragraph of the same paragraph, and went to the port for the purpose of operating the vessel after being towed on the 1 frame of the low net gear.

On April 23, 2016, at around 08:00, the Defendants captured the territorial sea of the Republic of Korea at 9.3 nautical miles (North Korea F, east-do) northwest-do, Incheon Cheongjin-gun, Incheon, the territorial sea of which was 2.7 nautical miles, at KRW 9.3 nautical miles (North Korea F, east-do). From around 11:00 on the same day, Defendants captured the Republic of Korea territorial sea at 4.5 nautical miles (North Korea L, east-do) from 08:00 on April 23, 2016 to 07:0 on April 25, 2016, the Defendants captured the said branch two times from 08:00 to 07:00 on April 25, 2016, and captured the said 70 km, including new rain, at a total of four times.

In addition, on April 25, 2016, the Defendants, at the 0.6 nautical miles (North I on North Korea and eastJ) north of the 11.4 nautical miles of the territorial sea of the Republic of Korea around 09:30 on April 25, 2016, set the minimum net fishing gear one frame.