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(영문) 인천지방법원 2019.08.22 2019고단3879

영해및접속수역법위반등

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 100 million.

If the defendant fails to pay the above fine, 250,000.

Reasons

Punishment of the crime

The defendant is a captain who exercises overall control over the operation and fishing activities of unregistered Chinese fishing vessels (2 tons, fRP small high-speed boats, 4 personnel on board, and vessel owners).

1. No foreigner of the Republic of Korea illegal operation shall conduct fishery activities in a specific prohibited zone designated for the protection of fishery resources or coordination of fisheries in the exclusive economic zone of the Republic of Korea;

Nevertheless, the Defendant, at around 21:00 on May 10, 2019 (Korean time; hereinafter the same), entered the sea areas adjacent to the Republic of Korea around May 11, 2019, where he entered the sea area of the Republic of Korea along with two mother lines (one hundred tons of wood lines, one hundred tons of fishing gear, four small speed lines of high speed 100; hereinafter the same).

On May 16, 2019, at around 06:00, the Defendant continuously 12.3 nautical miles in south East East-west (2.39 easteast, 124.59 east, and 46.8 nautical miles in the Exclusive Economic Zone of the Republic of Korea). From around 08:00 on May 22, 2019 to 11:00 on the same day, the Defendant captured approximately 70 km of water, such as 30 km and red fishing, by setting the fishing gear at the same place.

Accordingly, the defendant conducted fishery activities in a specific exclusive economic zone of the Republic of Korea.

2. No foreign vessel of the Republic of Korea shall engage 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;

Nevertheless, at around 07:00 on May 24, 2019, the Defendant, at around 11 nautical miles in the south East East East-west (hereinafter referred to as 37:38 minutes North latitude, 124.56 minutes East longitude, and 1 nautical miles in the territorial sea of the Republic of Korea), has projected one mold of his/her own net fishing gear at the same place as on May 29, 2019, and has carried the fishing gear at the same time as around 07:00.

Accordingly, the Defendant was 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. B and C.