Defendant

A Imprisonment with prison labor for two years, for one year and eight months, and for one year and six months, respectively.

evidence of seizure.

Punishment of the crime

[criminal history] On November 3, 2010, Defendant A was sentenced to a fine of KRW 5 million by the Jeju District Court to a violation of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Area; Defendant B was sentenced to a fine of KRW 10 million by the Incheon District Court on July 4, 201 as a violation of the Act on the Territorial Sea and Contiguous Zone.

[2] Defendant A is a captain who is in charge of seafarer management and fishery activities in the fishing boat E [29 tons of oil, 8 persons on board, master F (40 years of age, 40 years of age, and 10 of China)] of the Seongdong Wed Marine Vessel, who was not in need of China, and was in charge of seafarer management and fishery activities. Defendant B is the navigation between the captain of the instant fishing vessel and the person in charge of the operation site. Defendant C is an engineer who operates various equipment, etc. necessary for the operation of the instant fishing vessel and participates in the operation of the instant vessel, and both Defendants are Chinese nationals.

No foreign vessel shall engage in fishing which is deemed to impair peace, public order or security of the Republic of Korea within the territorial sea of the Republic of Korea.

Nevertheless, the Defendants, at around 00:00 on July 1, 2016, loaded a lost net fishing gear on the instant fishing vessel from the water map of 00:0,00 U.S. Seodong-si in China, left the port by five seafarers, left the port, and thereafter left the port, so the Defendants are willing to conduct fishing in the sea area of the Republic of Korea as the catch is poor.

7. Around 07:00 entered into the neighboring sea area of the NL.

On July 10, 2016, at around 10:00, the Defendants moved to the North Korean sea area after they throwed away from the sea of 8.6 nautical miles (North Korea’s 38 degrees 00.396 minutes, East 124.26.160 minutes, and 3.4 nautical miles from the territorial sea) northwest-do, Incheon Cheongjin-gun, Incheon, the territorial sea of the Republic of Korea. At around 10:20 on the same day, the Defendants moved to the North Korean sea area at 7.3 nautical miles from the northwest-do, 00.40 minutes, east 124.2 minutes, east 124.872 minutes, and 4.7 nautical miles of the territorial sea.

8. 08:00 Commences returning to the sea with a projected net and fishing gear at approximately 08:00 on the same day.