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(영문) 인천지방법원 2013.08.08 2013고단3717
영해및접속수역법위반
Text

Defendant

A and B shall be punished by fine of KRW 40 million, and Defendant C shall be punished by fine of KRW 30 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a captain who is comprehensively responsible for the operation and fishery activities of E (48 tons) which is a low-powered fishing vessel other than the shipment of the same paragraph, and Defendant B is a mate who manages the goods of the above fishing vessel and assists the captain in the field supervision of deck at the time of operating fishing implements and fishing nets. Defendant C is an engineer who assists the captain in the operation of the above fishing vessel's engine and oil management so that safety navigation and fishery activities can be facilitated by smooth operation of the vessel's engine.

No foreign vessel shall engage in any activity detrimental to peace, public order, or security of the Republic of Korea, such as fishing at the time of passage through the territorial sea of the Republic of Korea.

Nevertheless, at around 13:00 on May 1, 2013, the Defendants: (a) boarded four passengers on board under paragraph (1) of the same paragraph of the same paragraph; (b) loaded low net fishing gear, etc.; (c) departing from the territorial sea of the Republic of Korea; (d) around 09:0 on June 5, 2013, the Defendants captured low net fishing gear, etc. being towed from the sea of August 7, 2013, Incheon, Cheongjin-gun, Incheon, the territorial sea of the Republic of Korea, in the same manner five times from the above date to the 16:00 of the same month.

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. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the arrest reason, the degree of appearance, and each photograph;

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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