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A defendant shall be punished by imprisonment for two years.
Seized evidence 1 or 2 shall be confiscated from the accused.
Reasons
Punishment of the crime
The defendant is also the captain who exercises overall control over the operation and fishing activities of B (20 ton, boom, and 3 persons on board).
1. No foreign vessel of the Republic of Korea shall engage in fishing activities which are detrimental to peace, public order, or security of the Republic of Korea within the territorial sea of the Republic of Korea;
Nevertheless, the Defendant, around 01:00 on March 25, 2019 (Korean time; hereinafter the same), loaded 10 meters of low net fishing gear on the said fishing vessel under paragraph (1) of the same paragraph, and boarded two seafarers on board, departing from the Republic of Korea for the purpose of fishing in the sea area. On March 27, 2019, the Defendant entered the sea area near the Incheon Spojin-gun Spoondo, Incheon, for about 12 hours and searched the place of fishing operation while sailing for about 12 hours.
On March 29, 2019, around 20:0, the Defendant captured approximately 60 km, such as Sora, at the same place as on March 30, 2019, at approximately 10 km, at the same time in the same manner at around 20:0 on March 31, 2019 at the same place, where approximately 4 nautical miles (20 km, east 125.48 east, east 125.48 east, and east 8 nautical miles in the territorial sea of the Republic of Korea) in order to conduct fishing in the neighboring sea.
Accordingly, the Defendant engaged in fishing activities in the territorial sea of the Republic of Korea over a total of three times.
2.The authorities concerned with non-compliance with the order of stopping the territorial sea of Korea may issue a mooring order to a foreign vessel suspected of engaging in fishing within the territorial sea, and in such cases the vessel must comply with the order.
Nevertheless, at around 15:20 on April 2, 2019, the Defendant ordered 0.8 nautical miles north-do, Incheon Cheongjin-gun, Incheon, (hereinafter referred to as “NL”) from the east of 0.8 nautical miles (hereinafter referred to as “N” 37.41.52 east, 125.30 east,” and the 11.2 nautical miles from the territorial sea of the Republic of Korea). However, the Defendant ordered 2 high speed 1 of the Republic of Korea, where the Defendant discovered the suspicion of engaging in illegal fishing, as prescribed in paragraph (1), to see the nL on the north-west side, without complying therewith.