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Defendant
A Imprisonment with prison labor for three years, for two years, for Defendant B, for one year and six months, and for Defendant D, respectively.
Reasons
Punishment of the crime
Defendant
A, China, rather than China, is the captain of F (70 tons’ level vessel, hereinafter “the above vessel”) who is a low-net fishing vessel, and takes charge of the duties of assisting the captain of F (70 tons’ level vessel, hereinafter “the above vessel”). Defendant D, assisting the captain, managing engine engines and oil and operating the above vessel smoothly so that the vessel can safely navigate and facilitate fishery activities. Defendant C is a general seafarer who takes charge of the above vessel’s meals and assist the vessel’s operations. Defendant C is a general seafarer who formed a dynamic system in connection with the above F vessel with the vessel and the wire ropes to assist the vessel’s operation.
1. Violation of the Act on the Territorial Sea and Contiguous Zone;
(a) A foreign vessel engaged in fishing under Defendant A or D may navigate the territorial sea of the Republic of Korea without prejudice to 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 of the foreign vessel shall violate it.
Nevertheless, at around 23:00 on April 26, 2016, the Defendants: (a) carried seven crew members, including the Defendants, on board the said vessel; (b) sailed from the port to fish in the territorial sea of the Republic of Korea; and (c) captured the vessel at around 13:30 on May 3, 2016, the Defendants 5.8 nautical miles from the Jinjin-gun, Seog-do, Incheon, Incheon, the North Sea area, at the 5.8 nautical miles (the 37.42 east, the 125.5 east-do 50 east-do 125.50 east-do east-do; and (b) carried the low net fishing gear at the 5.8 nautical miles (the 37.41 east, 41 east-do 125 east-do 11.1 nautical miles of the territorial sea of the Republic of Korea).