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(영문) 인천지방법원 2014.06.26 2014고단3526

영해및접속수역법위반

Text

Defendant

A A A shall be punished by a fine of 60 million won, by a fine of 45 million won, by a fine of 30 million won, and by a fine of 30 million won.

3.2

Reasons

Punishment of the crime

Defendant

A is the captain who is the person in charge of the crew management and operation activities of low-powered fishing E(TW, 46 tons) and the defendant B is the mate who assists the captain in the same fishing vessel and directs the crew at the operating site. The defendant C is an engineer who inspects the machinery on the same fishing vessel and operates the equipment at the operating site.

On March 15, 2014, around 07:00 China (hereinafter “Korea hours”), the Defendants: (a) loaded and departed from the China’s sea area two frameworks of low net fishing gear and two steel material development plates; and (b) arrive in the vicinity of Korea on April 20, 2014.

On May 14, 2014, at around 23:00, the Defendants capture the fishing net loaded on the said vessel in the sea area of 37.42 degrees North latitude and 125.50 degrees East longitude, and on May 15, 2014, at around 37.42 degrees North latitude and at around 125.46 degrees East longitude (2.5 nautical miles East-do, Incheon Jinpo-gun; 0.5 nautical miles) from the sea area of the Republic of Korea, the Defendants capture 5 km-do, 250km-do, 37.42 degrees North latitude and 125.46 degrees East longitude.

In addition, at around 07:00 on May 15, 2014, the Defendants captured the fishing net over 20 minutes from the sea area of the Republic of Korea, 08:10 north latitude 37.41.5 east longitude 125.42 east longitude 125.42 east longitude 20 km. 5 km and 250 km from the sea area of the Republic of Korea.

Accordingly, the Defendants conspired to engage in fishing activities two times within the territorial sea of the Republic of Korea, thereby undermining the military port, public order, or security of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to the completion and pressure transmission plan of Chinese fishing vessels (one vessel) in the 112 rescue unit in the Pyeongtaek-do;

1. Relevant legal provisions and the selection of punishment for a crime: Each territorial sea and connected zone under Article 7 (1) (former part), Article 5 (2) 10, and Article 30 (Selection of Fine) of the Criminal Act;

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