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Defendant
A Imprisonment for two years, Defendant E and C shall be punished by imprisonment for one year.
The seizure of articles 1 through 4.
Reasons
Punishment of the crime
Defendant
A is a Chinese citizen, who is a captain in charge of the operation and fishery activities of F (25 ton a vessel of 25 ton, hereinafter referred to as “the above vessel”), a fishing vessel for the excursion ship at the same time of loading, and Defendant B is a Chinese citizen, who is an executive officer in charge of the field operation of the above vessel and the direction of the deck fishing gear and fishing net when operating the above vessel, assisting the captain. Defendant C is a Chinese citizen, who is an executive officer in charge of the field operation of the above vessel, who assists the captain and manages anchor at the time of operating the vessel and instructs the deck fishing gear.
A foreign vessel may navigate in the territorial sea of the Republic of Korea without prejudice to peace, public order or security of the Republic of Korea, to the extent that such navigation does not impair peace, public order or security of the Republic of Korea, and when a foreign vessel engages in fishing at the time of passage, it shall be deemed to impair peace, public order or security of the Republic of Korea, and no crew member of a foreign vessel or other passenger shall violate such prohibition
Nevertheless, the Defendants conspired on March 6, 2016 at around 07:00 of the Republic of Korea (hereinafter referred to as “Korea hours”) to have three other seafarers work on board the said vessel at the same port of Masan Han-si, China; to leave the port after loading one square meter; to have approximately 0.6 nautical miles of the territorial sea of the Republic of Korea on April 21, 2016; to have 0.4 nautical miles from the Yan-do, Incheon, Mapo-gun, Mapo-gun, Mapo-do (the above 38.0 m. 39 degrees; 124. 22 m. 52 seconds), and to have 3 nautical miles from the 20th east-do, Incheon, Mapo-do 11.4 nautical miles (the above 20th east-do 38 mal miles, east-do 124 east, east-27 meast-38 meast.