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(영문) 인천지방법원 2019.07.11 2019고단3029

영해및접속수역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The proceeds of sale as referred to in subparagraph 1 of this Article and subparagraph 2 of this Article shall be confiscated.

Reasons

Punishment of the crime

The defendant is a captain who takes overall control of the operation, fishing activities, etc. of a unregistered Chinese fishing vessel (4 tons, 100 tons, 4 personnel on board), etc.

1. No foreign vessel of the Republic of Korea shall engage in fishing activities which are detrimental to peace, public order, or security of the Republic of Korea within the territorial sea of the Republic of Korea;

Nevertheless, on April 22, 2019, at around 22:00 (Korean time; hereinafter the same), the Defendant loaded, at the same time, the fishing gear (40 meters in length, 1.2 meters in height) 50 m) on the fishing vessel mentioned in paragraph (1) of the same paragraph and paragraph of the same paragraph, 3 seafarers boarding the said vessel, and then departing from the Republic of Korea for the purpose of operating in the sea area of the Republic of Korea. On April 26, 2019, the Defendant captured, at around 12:00, the amount of 30 m30 m (the parallel of lat. 37.37 m30 m20 m20 m20 m20 m20 m20 m20 m30 m2, 230 m20 m30 m30 m2 around the same day.

On April 27, 2019, around 00:30 on April 27, 2019, the Defendant continuously set up three km-net fishing gear in the sea near the 8 nautical miles (the distance of 37:37:40 seconds of north latitude; 125.53:30 seconds of East longitude; and 3.7 nautical miles of the territorial sea of the Republic of Korea) from the 00:30 on April 28, 2019, the Defendant captured 48 km-g, such as a leash with the fishing gear installed in advance from the 00:30 on April 28, 2019 to 04:30 on the same day.

Accordingly, the Defendant engaged in fishing activities in the territorial sea of the Republic of Korea over a total of two occasions.

2.The authorities concerned with non-compliance with the order of stopping the territorial sea of Korea may issue a mooring order to a foreign vessel suspected of engaging in fishing within the territorial sea, and in such cases the vessel must comply with the order.

On April 28, 2019, at around 04:30, the Defendant refers to two high speed breadths of the Republic of Korea, where the Defendant discovered suspicions of engaging in illegal fishing, such as paragraph (1), adjacent sea near 8 nautical miles (the parallel of lat. 37.37:40 seconds of north latitude, 125.53:30 seconds of East latitude, and 3.7 nautical miles of the territorial sea of the Republic of Korea).