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(영문) 인천지방법원 2014.11.27 2014고단7923
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for six months and fines for 12 million won, Defendant B and C shall be punished by imprisonment with prison labor for four months and by a fine for nine million won.

3.2

Reasons

Punishment of the crime

Defendant

A is the captain responsible for the operation and illegal fishing activities of unregistered Chinese fishing vessels (30 tons, neck vessels) departing from the port of the same paragraph of the same paragraph, and the Defendant B is the captain who assists the captain, such as leading the operation site on deck at the time of navigation of the same fishing vessel and illegal fishing activities, and the Defendant C operates and manages the institution of the same fishing vessel and fishing equipment, and engages in the operation of the same fishing vessel and the engineer who assists the captain to facilitate illegal fishing activities.

At around 03:00 on October 20, 2014, Defendants captured 100 km-distance 24 nautical miles from the northwest-do 4.5 nautical miles northwest-do, Incheon Cheongjin-gun, the territorial sea of the Republic of Korea (the 38.02 east-do, 124.34 east-do, and 8 nautical miles from the territorial sea), in a way of releasing and spreading the low-speed nets at a point of 4.5 nautical miles (the breadth-do 38.0 east-do, Incheon), which is a specific prohibited area in the exclusive economic zone of the Republic of Korea. At around 20:00 on October 20, 2014, Defendants capture the east-do 100 km-do 24 east-do, Incheon, Incheon, the exclusive economic zone of the Republic of Korea (the east-do 37.33 east-do, 125 east-5 nautical miles).

Accordingly, the Defendants conspired in collusion to engage in illegal fishing activities in a specific prohibited zone among the territorial waters and exclusive economic zones of the Republic of Korea.

Summary of Evidence

Application of the Acts and subordinate statutes of the Defendants’ legal statement, Chinese fishing vessel brease status, physical evidence, seizure records, and seizure list;

1. Relevant legal provisions concerning criminal facts: Each Article 7 (1) (former part) and Article 5 (2) 10 of the Territorial Sea and Contiguous Zone Act, Article 30 of the Criminal Act, Article 17 subparagraph 1 and Article 4 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within each exclusive economic zone, Article 30 of the Criminal Act, Article 30 of the Criminal Act;

1. Aggravation of concurrent crimes: The former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Detention at a workhouse: Articles 70(1) and 69(2)1 of the Criminal Act;

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