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(영문) 인천지방법원 2014.06.26 2014고단3527

영해및접속수역법위반

Text

Defendant

A A shall be punished by a fine of 40 million won, by a fine of 30 million won, by a fine of 50 million won, and by a fine of 50 million won.

3.2

Reasons

Punishment of the crime

Defendant

A is the captain, who is the officer in charge of seafarer management and fishery activities in low-net fishing E (46 tons, scam). Defendant B is the captain of the same fishing vessel, who is the officer in charge of the operation site. Defendant C is an engineer who operates various equipment, etc. necessary for operation in the same fishing vessel and participates in operation.

On May 7, 2014, the Defendants were able to engage in fishing within the territorial sea of the Republic of Korea, when they loaded and departed from the port of loading low net and fishing gear, etc., which is towing out from the port of North Korea, and operated in North Korea.

On May 14, 2014, the Defendants captured a catch equivalent to 17km in total within the sea area of the Republic of Korea (NL 1.7 nautical miles from the south of the territorial sea) moving to the south of about 1 hour, her course of distance 37.39 degrees north latitude and 124.05 degrees east longitude.

In addition, at around 20:40 on May 14, 2014, the Defendants: (a) 37.38 degrees north latitude; (b) east 124.54.3 degrees east east 10 east east east 10 nautical miles; and (c) 40 minutes east east 10 minutes east east 124.3 degrees east east.

Accordingly, the Defendants conspired to engage in fishing activities 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. Application of Acts and subordinate statutes to the F Chinese fishing vessel completion report, the transfer of police officers and the details of the transfer of police officers;

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) of the Criminal Act;

1. Confiscation (Defendant A): The latter part of Article 7 (1) of the Territorial Sea and Contiguous Zone Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reasons under Article 334 (1) of the Criminal Procedure Act;