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(영문) 춘천지방법원속초지원 2020.12.16 2019고단551

수산업법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

No one shall violate any restriction or suspension of fisheries, or a disposition of mooring a fishing vessel, issued by the competent authority for military training or the security of a major military base, and the operation on the sea of North Korea shall be restricted by the fishing line in the same sea (the line connecting the intersecting point of the coastline (the coastline of 38° 33° 09.83'N and the coastline of Jinjin-ri (the coastline of 132° 34° 07.58'N) at the beginning of the Jinsung-gun, Gangwon-do) for military training or the security of a military base in the same sea.

On October 17, 2019, the Defendant: (a) was the captain of a Sick Coast G (6.55 tons) fishing vessel B; (b) was on board the ship to enter and depart from the North Korean defense site in the East Sea; (c) around 04:27 on October 17, 2019, the Defendant got on board the ship to enter and leave the said port; (d) was at around 04:27 on the same day, the Defendant got out of the North Korean defense site in the East Sea by using the east-do fishing mooring line in the East Sea at approximately 38°34 degrees 31 degrees east 128.31 minutes east east 128.03 degrees east 128.03 degrees east; and (e) was on the same day, the Defendant was on the east-do fishing port within the north Korean defense site at around 04:43 degrees 35 degrees 708 degrees 78 degrees east 439 meters north; (c) 30.40 degrees east east 1368.5 degrees east

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the request for cooperation in the restriction on monthly fishing of the fishing line in the East Sea, a thorough copy of the public relations relations activities for the restriction on monthly fishing of the fishing line in the East Sea, a report on the measures for protection of fishing (e.g., notification) to the North Sea Defense Site in 2019, a detailed information with respect to BV-PAS system port data, BV-PASS system port data, BV-PAS system hold-type data, BV-PAS system port data, BPS system confirmation, a copy of the certificate of shipment, a copy of the certificate of shipment, and an investigation report (verification of suspect's statement and B location display function navigational navigation equipment) legislation.

1. Article 97 (1) 3 and Article 34 (1) 2 of the Fisheries Act and the choice of punishment for the crime;

1. Article 62(1) of the Criminal Act: