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(영문) 인천지방법원 2014.07.24 2014고단4323
영해및접속수역법위반
Text

Defendant

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

The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a captain who takes overall charge of the operation and operation of low-speed fishing vessels E (49 tons, necked vessels) that are open to China, and Defendant B is an on-site mate who assists the captain of the vessel and instructs the navigation and fishing net at the time of operation. Defendant C is an engineer who assists the captain of the vessel in operation and assists the captain of the vessel in operation. Defendant C is an engineer who assists the captain of the vessel in operation and assists the captain in operation in the course of operation of the vessel to facilitate safe navigation and fishing operation.

Defendants, at around 22:00 on June 8, 2014 (hereinafter “Korea hours”), were aware of the fact that the Defendants were able to fish in the Korean sea area, with the knowledge of the fact that the Defendants were able to fish the sea area of the Republic of Korea while leaving the port where at least 2:00 Chinese ports were able to carry less than 1,00 net fishing gear and 4 development boards are loaded in E in the same paragraph.

On June 16, 2014, at around 20:00, the Defendants illegally captured 5 km, such as the flow of water from the Incheon Cheongjin-gun, Incheon, the territorial sea of the Republic of Korea was 3.8 nautical miles (N 37.36 east longitude 12.31 east longitude) at 8.2 nautical miles (N 37.36 east longitude 12.31 east longitude) from the southwest-do, Incheon, the territorial sea of the Republic of Korea was 0.5 nautical miles (N 37.34.21 east longitude 125.62 east longitude) to the southwest-do, Incheon, the territorial sea of the Republic of Korea was 1.5 nautical miles (N 37.34.21 east longitude 125.21 east longitude 128.62).

As such, the above Defendants conspired to conduct illegal fishing activities using E by impairing the territorial sea of the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes on a situation report;

1. Relevant legal provisions concerning criminal facts: Each of the territorial sea and contiguous zone provided for in 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: It shall be decided as per the Disposition for the reasons under Article 334 (1) of the Criminal Procedure Act;

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