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(영문) 인천지방법원 2013.08.26 2013고단4669
영해및접속수역법위반
Text

Defendant

A shall be punished by a fine of KRW 40 million, by a fine of KRW 30 million, by a fine of KRW 30 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 E (20 tons, necked vessels) which is an open port fishing vessel in China. Defendant B is a mate who manages the goods of the above fishing vessel and assists the captain in the field, such as on-site supervision, etc. in the course of operating fishing gear and net operations. Defendant C is an engineer who assists the captain in the operation of the above fishing vessel's engine in a ship so that safety navigation and fishery activities can be facilitated, and the captain is an engineer who assists 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 16:00 on June 1, 2013, the Defendants loaded 1,800 air-emitting gear at the port of Maak-gun, China, and operated it in the neighboring sea area by departing from the port of the above fishing vessel. At around 04:00 on July 21, 2013, the Defendants were 9 seafarers and 400 air-emitting gear at the sea near the 6.5 nautical miles northwest-do, Incheon, Cheongjin-gun, Incheon, the territorial sea of the Republic of Korea, at approximately 6.5 nautical miles (Yan Sea 5.5 nautical miles).

7. 22. Around 04:00, the operator, etc., carried out fishing operations using a fishing gear, etc. from the above date and time to August 1, 2013, 7 times from the above date and time to August 05:0, 201, in the above sea area of the Republic of Korea, which is the territorial sea of the Republic of Korea, engaged in fishing with a fishing gear and captured

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Situation report, Chinese fishing vessel bareboat report, bareboat Inspector, and bareboat chart;

1. Application of each statute on photographs;

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 a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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