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(영문) 인천지방법원 2019.08.22 2019고단3616

영해및접속수역법위반등

Text

Defendant shall be punished by imprisonment with prison labor for a year and six months, and a fine of KRW 100 million.

When the defendant does not pay the above fine.

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 (five tons, five FRP small high speed vessels, five crew on board vessels).

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;

On April 15, 2019, at around 22:00 (Korean time; hereinafter the same shall apply), the Defendant: (a) transported approximately 1,600 square meters of wire-net gear to the mother line (around 20 tons; b) for the purpose of illegal fishing operations in the sea area of the Do of the Republic of Korea; (c) transported approximately 1,600 tons of wire-net gear to the mother line; (d) had four seafarers board the ship; and (e) the Defendant left the sea near the mother line with the unregistered Chinese fishing vessel (a five tons, FRP small-sized high-speed vessels) on which the Defendant will navigate; and (e) around 08:30 on April 17, 2019, the Defendant arrived at the 0.6 nautical miles (N 37Do41.39 minutes North Korea; east 125Do41.37 minutes North Korea; and 11.4 nautical miles sea near the territorial sea.

At around 16:00 on April 17, 2019, the Defendant: (a) throwed away a 9 line of his/her own net fishing gear ( approximately 270 %) from around 16:0 on April 18, 2019 to around 9.05 to 9.7 nautical miles (the parallel of latitude 37.36-37 degrees north latitude; the parallel of longitude 125.54-5 minutes; and the territorial sea of the Republic of Korea 2.3-2.95 nautical miles) around the sea (hereinafter referred to as “illegal fishing zone”); (b) throwed away from around 16:00 on April 18, 2019 about 130 km, such as a 4 line, for about one hour, and (c) throwed up an additional 3 line.

On April 24, 2019, the Defendant continued to capture 63 km, such as 100g, and 63 km from the soft net fishing gear, which had been administered in advance in the above illegal fishing zone.

From Apr. 27, 2019 to Apr. 28, 2019, the Defendant captured 76 km and Sora 20 km in the aforementioned illegal fishing zone by putting away the protruding net fishing gear, which was administered in advance, from the new wall to Apr. 28, 2019.

At around 00:00 on April 29, 2019, the Defendant captured 126 km, such as her plic net fishing gear, which was administered in advance in the above illegal fishing zone, and her pluged again.

The defendant is above 00:00 on May 2, 2019.