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(영문) 인천지방법원 2019.07.11 2019고단3098

영해및접속수역법위반

Text

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

The proceeds of sale as provided in subparagraphs 1 through 3 of this Article and subparagraph 4 of this Article shall be confiscated.

Reasons

Punishment of the crime

The defendant is a captain of the People's Republic of China who exercises overall control over the operation of a unregistered Chinese fishing vessel (1.5 tons, reinforced plastics (FRP), five crew on board), fishing activities, etc.

Although a foreign vessel is prohibited from engaging in fishing activities, which is an act detrimental to peace, public order, or security of the Republic of Korea, within the territorial sea of the Republic of Korea, the Defendant, at around 20:00 on April 30, 2019 (the time of Korea; hereinafter the same shall apply) and was released from the Republic of Korea to carry 20 mar (1.70m in length per one square meter, about 9m high, 1.70m in height), and to carry out fishing activities in the sea area of the Republic of Korea, at around 22:30 on May 1, 2019, 6.4 nautical miles (37°36mN, 125°51mN, 125°6mN, 5.6mN of the territorial sea of the Republic of Korea). The Defendant, at around the sea of the Republic of Korea, was released from the sea, 10k away from the sea, 2017.

As above, the Defendant engaged in fishing activities within the territorial sea of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. A report on each situation, a brush of Chinese fishing vessels, a brush, a brush photograph, and a photographic photo of the radar, and evidence taken by the arrest of the Chinese fishing vessel;

1. Records of seizure and the list of seizure;

1. Application of the police protocol protocol law to B and C

1. Relevant Article of the relevant Act and Articles 8 (1) and 5 (2) 10 of the Territorial Sea and Contiguous Zone Act, and the choice of imprisonment with prison labor;

1. The reason for sentencing in the latter part of Article 8(1) of the Confiscation Territorial Sea and Contiguous Zone Act requires a strict punishment for national damage, such as serious destruction or damage of fishery resources caused by the illegal fishing of Chinese fishing vessels, and input of many human resources and equipment to crack down this control. The scale and period of operation, the status and role of the defendant, and the defendant on May 7, 2010.