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(영문) 인천지방법원 2013.07.08 2013고단3240
영해및접속수역법위반
Text

Defendant

A shall be punished by a fine of KRW 5 million, by a fine of KRW 4 million, by a fine of KRW 4 million, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain who is responsible for the overall operation and fishery activities of E (52 tons) (52 tons) which is a low-speed fishing vessel, both China and 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 when operating fishing gear and fishing nets. Defendant C is an engineer who is responsible for the smooth operation of the engine to facilitate safe navigation and fishery activities, and who assists the captain to facilitate fishery activities by assisting the captain.

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, at around 02:00 on April 17, 2013, the Defendants: (a) had four seafarers on board under paragraph (1) of the same paragraph of the same paragraph; (b) had four seafarers on board a low net fishing gear; and (c) had departed from the port; and (d)

6. From January to February of the same month, the operations shall be conducted in such a way as to thrown away and to nets the nets at sea at the 9.5 nautical miles (Yando 2.5 nautical miles in the territorial sea of the Republic of Korea) from the 2nd day of the same month at the west 9.5 nautical miles (Yan Sea).

4. At around 19:00, a fishing operation was carried out in the same manner as near the above sea area, and approximately 30 km of fish, such as fireworks and spaws.

Then, at around 21:00 on the same day, the Defendants were working in a way that they are able to capture low-water nets in the vicinity of the above sea area and to understand them in the direction of the north-do.

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.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of Nabagles, Nabagles and Nabagles;

1. Relevant legal provisions and the selection of punishment for a crime: Each territorial sea and contiguous zone provided for in the former part of Article 7 (1), Article 5 (2) 10, and Article 30 of the Criminal Act;

1. Detention at workhouse: Articles 70 and 69 of the Criminal Act;

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