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(영문) 인천지방법원 2013.07.04 2013고단3023
영해및접속수역법위반등
Text

Defendant

A and C shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 3 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain who is responsible for the overall operation and fishery activities of P(30 tons or more) of a fishing boat E (30 tons or more) being towed by China, and Defendant B is a mate who manages the goods of the above fishing vessel and assists the captain in the field supervision on deck in operating fishing gear and nets. Defendant C is an engineer who assists the captain in the operation of the above fishing vessel's engine and the operation of the fishing vessel's engine so that safety navigation and fishery activities can be facilitated.

1. No foreign vessel violating the territorial sea or ContiguousS Act shall engage in any activity detrimental to peace, public order, or security of the Republic of Korea, such as engaging in fishing at a time of traffic;

At around 00:00 on April 29, 2013, the Defendants: (a) boarded seven seafarers under paragraph (1) of the same paragraph of the same paragraph; (b) loaded a low net fishing gear in two frameworks; (c) captured 55 km in total, including red fishing 40 km and fireworks, from May 25, 2013 to 00:30 on May 26, 2013, Incheon Spoi-Gun, the territorial sea of the Republic of Korea, at the 10 nautical miles (N 37-41, N. 124-57) south East East-dong (N 37-41, N. 124-57), along the sea near the territorial sea of the Republic of Korea, using low net fishing gear on two occasions at a point of 15 km.

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

2. No foreigner who violates the Act on the Exercise of Sovereign Rights to Foreign Fishing, etc. in the exclusive economic zone shall conduct fishery activities in a specific prohibited zone for the protection of fishery resources or coordination of fisheries in the exclusive economic zone.

On May 27, 2013, at around 16:30, the Defendants: (a) throw away low-speed net fishing gear from the sea at 19 nautical miles south East-dong (the parallel of 37-33 North latitude, 124-57 East longitude, and 46.5 Mama) of Incheon’s Appeal, which is a specific prohibited zone in the exclusive economic zone of the Republic of Korea, and (b) 16:59 south-dong of Incheon’s Appeal.

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