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(영문) 인천지방법원 2013.06.13 2013고단2526 (1)

영해및접속수역법위반등

Text

Defendant shall be punished by a fine of 3 million won.

If the defendant does not pay the above fine, 500.

Reasons

Punishment of the crime

Defendant

C The captain is responsible for the operation and fishery activities of D (class 30 tons of ships) which is low-net fishing vessels other than the shipment of the same paragraph at the time of China, and the Defendant E manages the goods of the above fishing vessel and assists the captain in the field supervision on deck at the time of operating fishing implements and fishing nets. The Defendant A is an engineer who assists the captain in the operation of the above fishing vessel's engine and oil management so that safety navigation and fishery activities can be facilitated by smooth operation of the vessel.

No foreign vessel shall engage in any activity detrimental to peace, public order, or security of the Republic of Korea, such as fishing at the time of passage through the territorial sea of the Republic of Korea.

Nevertheless, around 05:00 on May 6, 2013, the Defendants: (a) around 05:00 on May 6, 2013; (b) on board four seafarers under paragraph (3) of the same paragraph; (c) loaded low net fishing gear, etc.; and

7. At around 22:00, the Cheongjin-gun, Incheon Cheongjin-gun, the territorial sea area of the Republic of Korea, was also 9.3mam (Yeong 2.7mast in the territorial sea) in the south East East East west 15 minutes of the water and captured approximately 5 kilograms of the water, which was administered as above, after approximately 15 minutes of the water.

Accordingly, the Defendants conspired to engage in fishing activities within the territorial sea of the Republic of Korea to impair peace, public order or security of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A situation report, a bareboat, a situation map, and a photograph of each illegal fishing vessel;

1. Photographs of each marine pollution;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and the selection of punishment concerning facts constituting an offense: Territorial sea and Contiguous Zone Act, the former part of Article 7 (1) and Article 5 (2) 10 of the same Act;

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

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;