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(영문) 인천지방법원 2018.07.19 2018고단3248
영해및접속수역법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for two years and by fine for 80,000,000 won.

Defendant

B Imprisonment with prison labor and fines of KRW 20,000,000.

Reasons

Punishment of the crime

Defendant

A is a captain who exercises overall control over the operation and fishing activities of E (51 ton, 7 boarding vessels, and hereinafter “the instant fishing vessel”) the shipper of the same paragraph, and Defendant B is an executive officer who takes charge of a mate’s role, such as directly operating ships, operating engines, etc., by assisting the captain on the instant fishing vessel, or operating engines, etc. so as to facilitate the operation of ships. Defendant C is an executive officer who primarily takes charge of an engine officer, such as operating engines, etc., to assist the captain on the said fishing vessel to facilitate the operation of ships, and supplementing fuel supply and engine coolings necessary for engine operation.

1. No foreign vessel shall engage in fishing as an act detrimental to peace, public order, or security of the Republic of Korea, within the territorial sea of the Republic of Korea, with the conspiracy of the Defendants (Violation of the Territorial Sea and Contiguous Zone Act).

Defendants entered the sea of 12:00 on April 7, 2018 (hereinafter referred to as the “Korea Hours”) by loading 50 meters in length to the instant fishing vessel, 5 meters in width, 2 meters in height to 2, and 3:4 other crew members of the instant vessel from departure from the port, and loading 2 trusses to 3.4 nautical miles near the Yan-gun, Incheon territorial sea of the Republic of Korea (20:0 on April 9, 2018, at around 20:00, near the 3.4 nautical miles (38:0 02 east, 124.41 00 east, 124.0 east, 128 east, 200 east-do, 208 east-do, 308 east-do, 208 east-do, 300 east-do, 208 east-do.

Accordingly, the Defendants conspired to engage in fishing within the territorial sea of the Republic of Korea.

2. Defendant A.

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