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Punishment of the crime

The Defendant was the captain of P(93 tons) of the T.S. P. P. P. P. P. P. P. P. P. S. O.

At around 13:00 on October 16, 2012, the Defendant: (a) in collusion with E, the master of Sbagnet D (93 tons); (b) 48 nautical miles northwest 48 nautical miles (7 nautical miles on the part of the parallel 124°19 degrees north latitude, 35°19 minutes north latitude, and 7 nautical miles on the part of EZ) of the Republic of Korea, the exclusive economic zone of the Republic of Korea; (c) D and C respectively boarded the bag net fishing gear; and (d) live the fishing gear after setting the bag gear at 50 nautical miles northwest 50 nautical miles, 15:45 on the same day (east 124°17 minutes north latitude, 35°02 minutes north latitude, and 4.3 nautical miles inside EZ).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. A statement of the details of detection (special obstruction of public duties and violation of EZ);

1. Records of seizure and the list of seizure (investigative records, 1,085, 1,086);

1. Nabalevel;

1. Application of Acts and subordinate statutes to documentary evidence photographs;

1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal system on criminal facts and Article 30 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order became final and conclusive in the judgment rendered by the captain of D(93 tons) who was a captain of D(E) who was in operation with the Defendant at the time of the instant case, on the violation of the Act on the Exercise of Sovereign Rights over Foreigners’ Fishing, etc. in the Exclusive Economic Zone (Seoul District Court 2012No2418). As such, the amount of fine for the Defendant who was in operation under the order of the captain as the captain of a subordinate vessel shall be set at KRW 50 million as above.