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(영문) 인천지방법원 2013.05.30 2013고단2159
영해및접속수역법위반
Text

Defendant

A shall be punished by a fine of KRW 4 million, by a fine of KRW 3 million, by a fine of KRW 3 million, respectively.

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 (class 30 tons), a fishing vessel, the towing of which other than the shipment of the same paragraph at the time of China, and Defendant B is a mate who manages the goods of the above fishing vessel and assists the captain in the field supervision, such as on-site supervision, at the deck when operating fishing gear and fishing nets. Defendant C is an engineer who assists the captain by operating the above fishing vessel's engine smoothly so that safety navigation and fishery activities can be facilitated.

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 01:00 on April 18, 2012, the Defendants: (a) boarded four seafarers under paragraph (1) of the same paragraph of the same paragraph; (b) loaded low net fishing gear, etc.; and (c) moved to the west on the west-gun, Incheon Cheongjin-gun; (b) at around 10:30 on April 19, 201, the Defendants 11:40, from around 11:40 to 12:00 on the same day, moved to the west with the low-person network’s water, and captured approximately 10 kilograms of the above appeal, which was administered as above, from the south East East East-dong, the territorial sea area of the Republic of Korea, from around 11:50 to 12:00 on the same day.

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. 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 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: Article 334 (1) of the Criminal Procedure Act;

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