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(영문) 인천지방법원 2013.11.28 2013고단7463
영해및접속수역법위반
Text

Defendant

A shall be punished by a fine of 60 million won, Defendant B, and C, respectively, by a fine of 30 million won.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain responsible for the operation and fishery activities of E (47 tons, necked vessels, which are low-rayed vessels other than the shipment of the same paragraph in China. Defendant B manages the goods of the above fishing vessel; Defendant B is a mate who assists the captain, such as on-site command, etc. at the deck when operating fishing gear, and Defendant C operates the vessel's engine smoothly so that safety navigation and fishery activities can be facilitated; Defendant C is an engineer who assists the captain.

A foreign vessel shall engage in fishing at the time of passage through the territorial sea of the Republic of Korea and shall not engage in any conduct detrimental to peace, public order, or security of the Republic of Korea.

Nevertheless, on September 23, 2013, the Defendants loaded the fishing gear with four other crew members under the same paragraph of the same paragraph, from Sep. 23, 2013 to depart from the port of the Republic of Korea. On November 3, 2013, the Defendants: (a) entered the territorial sea of the Republic of Korea on November 3, 2013; and (b) opened the Incheon Spojin-gun’s appeal on November 4, 2013 (37.33 minutes North latitude; 125.06 minutes East longitude); (c) opened the marine network from the above temporary point to the above 20:20 minutes from the above sea to the above region’s neighboring sea (37.36 minutes North latitude; 124.54 minutes East longitude; 650 seconds East longitude; and (d) opened the fishery activities from around October 13, 2013 to the adjacent sea of the Republic of Korea during approximately two hours.

Accordingly, the Defendants conspired to engage in fishing activities within the territorial sea of the Republic of Korea and commit any act detrimental to peace, public order or security of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of breatha and photographic;

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

1. Detention at a workhouse:

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