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(영문) 인천지방법원 2013.06.20 2013고단2723
영해및접속수역법위반
Text

Defendant

A KRW 4 million, Defendant B is punished by a fine of KRW 3 million, Defendant C is punished by a fine of KRW 4.5 million.

Reasons

Punishment of the crime

Defendant

A is a captain who is comprehensively responsible for the operation and fishery activities of the E fishing vessel (class 30 tons) in the East-dong Port of China, and Defendant B is a mate who manages the goods of the above fishing vessel and assists the captain in the field supervision on deck in operating fishing gear and fishing nets. Defendant C is an engineer who assists the captain in the operation of the above fishing vessel's engine and the operation of the fishing vessel's engine smoothly to facilitate safe navigation and fishery activities, and assists the captain.

No foreign vessel shall engage in fishing activities through the territorial sea of the Republic of Korea to impair peace, public order, or security of the Republic of Korea.

around 14:00 on May 2, 2013, the Defendants: (a) boarded four seafarers under paragraph (1) of the same paragraph of the same paragraph; (b) loaded a less network fishing gear in two frameworks; (c) extracted from the port; (d) on May 4, 2013, at around 22:00, the Defendants captured 50 km, including a total of 2 hours from around 24:0 to May 8, 2013, Incheon Cheongjin-gun, the territorial sea area of the Republic of Korea, from the south East-dong Sea (U.S. 9.5 Mamath of the territorial sea); and (b) captured a total of 50 km, including a new flue, by using the said water, from around three times in total, until May 8, 2013.

Accordingly, the Defendants conspired to engage in fishing activities within the territorial sea of the Republic of Korea to impair peace, public order or security of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the relevant Acts and subordinate statutes to a report on the situation, arrest note, appearance map, 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: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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