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(영문) 인천지방법원 2017.10.12 2017고단5952
영해및접속수역법위반
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of twenty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a captain who exercises overall control over the operation and fishing of a fishing vessel on the name of the vessel (a vessel of 30 tons, a vessel of 30 tons, a vessel of hereinafter “instant fishing vessel”) which is the shipper of the Chinese same paragraph.

1. No foreign vessel engaged in fishing activities within the territorial sea of the Republic of Korea shall engage in fishing activities, which is an act detrimental to peace, public order, or security of the Republic of Korea;

Nevertheless, the Defendant, at around 19:00 on July 15, 2017, departed from the instant fishing vessel under the same paragraph and paragraph of the same paragraph of the same paragraph after he was on board, and around 08:0 on July 26, 2017, at the south of the south of 6.6 nautical miles (North Korea: 37: 39.90 minutes, east 125: 32.27 minutes, east 5.4 nautical miles, 5.4 nautical miles, 15:20 meters, 80-1200 meters, 1); and from around 13:0 on July 29, 2017, the Defendant installed the two fishing gear at intervals of about 15-20 meters, at the distance of 15-120 meters and 35:50g of the two fishing gear, respectively.

Accordingly, the Defendant was engaged in fishing within the territorial sea of the Republic of Korea.

2. There is a suspicion that a foreign vessel violating the stopping order within the territorial sea is engaged in fishing within the territorial sea of the Republic of Korea;

If recognized, the relevant authorities may stop, search, seize, or take other necessary orders or measures, and a foreign vessel shall comply with such orders or measures.

On August 4, 2017, around 15:07, the Defendant: (a) was aware of the fact that the instant fishing vessel had been engaged in fishing in the territorial sea of the Republic of Korea at a high speed of 501, and accessed the said fishing vessel by recognizing that the instant fishing vessel was suspected of engaging in fishing in fishing in the territorial sea of the Republic of Korea; (b) the Defendant was approaching the southwest of 6.6 nautical miles (North Korea’s latitude 37:39.90 minutes, east 125:327 minutes, east 5.4 minutes, and 5.4 nautical miles).

The Defendant is the instant fishing vessel.

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