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(영문) 인천지방법원 2014.11.27 2014고단8049
영해및접속수역법위반
Text

Defendant

A Imprisonment for a year and six months, defendant B and C shall be punished by imprisonment for a year and one year.

The proceeds of sale under subparagraph 1 of this Article, which has been seized, 765.

Reasons

Punishment of the crime

Defendant

A is the captain who is responsible for the operation and illegal fishing activities of the Chinese single-dong E (43 tons, neck vessels). Defendant B is the captain who assists the captain to facilitate illegal fishing activities, such as leading the operation site at the time of navigation of the same fishing vessel and illegal fishing activities, and Defendant C is the captain who operates and manages the same fishing vessel’s engine and fishing equipment, etc., and works as an engineer who assists the captain to facilitate illegal fishing activities.

On October 25, 2014, at around 08:00, the Defendants: (a) opened through the west Sea Limit Line at around 08:40 on the same day, throw away from the parallel of lat. 38:00 degrees north latitude; (b) 124:25 degrees north latitude; and (c) opened through the west Sea Limit Line at around 08:40 degrees north latitude. At around 10:00 on the same day, the Defendants got into the territorial sea of the Republic of Korea; and (d) 24 degrees north latitude. 124:00 east longitude. 24 degrees east longitude. (In Cheongcheon-gun, Gyeong-do 10 nautical miles; and 2 nautical miles in territorial sea).

At around 12:00 on the same day, the Defendants: (a) 12.00 North Korean ports of north latitude 38.05 degrees north latitude; (b) 124.25 degrees east longitude; and (c) 12.40 degrees eastwest Limit Line of the Republic of Korea starting through the south-west Sea at around 14:00 degrees 38.00 degrees east latitude; and (d) 24 degrees east longitude 124.24 degrees east longitude east longitude 124.24 degrees east longitude east longitude 14.00 on the same day.

The Defendants conspiredd to conduct illegal fishing activities within the territorial sea of the Republic of Korea and captured 340km, such as flowers.

Summary of Evidence

The application of the Acts and subordinate statutes on the legal statement of Defendants, Chinese fishing vessel balone, background, seizure records, and seizure list;

1. Relevant legal provisions concerning criminal facts: Each provision of the former part of Article 7 (1) and Article 5 (2) 10 of the Territorial Sea and Contiguous Zone Act, and Article 30 of the Criminal Act;

1. Confiscation (Defendant A): In this case, the reason for sentencing under the latter part of Article 7(1) of the Territorial Sea and Contiguous Zone Act and Article 132(1) of the Criminal Procedure Act.

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