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(영문) 인천지방법원 2013.07.04 2013고단3010
특수공무집행방해등
Text

Defendant

A Imprisonment with prison labor of eight months and a fine of two million won, and Defendant B shall be punished by a fine of five million won, Defendant C and D, respectively.

Reasons

Punishment of the crime

Defendant

A is the captain who is responsible for the overall control of F fishery activities conducted within a specific prohibited area in the territorial sea and exclusive economic zone of the Republic of Korea. Defendant B is the engineer of the above fishing vessel that helps the captain and facilitates illegal fishery activities, Defendant C, and Defendant D are the captain of the above fishing vessel, or a general seafarer who facilitates fishery activities, such as the adjustment of fishing gear, and the screening of catch taken from the water.

1. The Defendants’ co-principal

(a) No foreigner who violates the Act on the Exercise of Sovereign Rights to Foreign Fishing, etc. in the exclusive economic zone shall conduct fishery activities in a specific prohibited zone established for the protection of fishery resources or coordination of fisheries in the exclusive economic zone;

Nevertheless, at around 07:00 on May 24, 2013, the Defendants conspired to run fishery activities within a specific prohibited area in the exclusive economic zone of the Republic of Korea, such as: (a) the flow of low-person nets at the sea of 37°37 degrees north latitude and 125°03 degrees 49 nautical miles in exclusive economic zones) and the flow of such nets over one hour and 30 minutes; and (b) the Defendants towed the water at the parallel of 37°33 minutes north latitude and 125°00 degrees 53 nautical miles in exclusive economic zones of the Republic of Korea on the same day.

(b) No foreign vessel in violation of the territorial sea and ContiguousS Act shall engage in fishing operations in a manner that intrudes the territorial sea of the Republic of Korea;

Nevertheless, on May 24, 2013, at around 09:30 on May 24, 2013, the Defendants conspired with the said vessel and gear to cover 37°41 minutes north latitude and 124°57 minutes east longitude, leading about about one hour and 30 minutes east in the direction of southwest, leading about about 1:0 minutes east longitude 37°36 minutes north latitude and 125°00 east longitude (a specific prohibited area 46 nautical miles in the exclusive economic zone outside the territorial sea).

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