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Defendant
A shall be punished by imprisonment with prison labor for one year and two months and by a fine for 20,00,000 won.
Defendant
B Imprisonment of 10 months and fine of 10,000.
Reasons
Punishment of the crime
Defendant
A is a captain who exercises overall control over the operation and fishery activities of E (the 49 ton vessel, hereinafter referred to as “the above vessel”) which is a fishing vessel with the departure of the shipment at the time of scarcity of China.
Defendant
B is an engineer in charge of the duties, such as assisting the captain of a Chinese vessel, operating safely, managing engine engines and oil and operating the engine smoothly so as to facilitate fishery activities.
Defendant
C is a Chinese seafarer who assists the master and takes the lead in the sea at the time of the operation and takes the important role in the operation, such as moving and managing the fishing gear.
A foreign vessel may navigate in the territorial sea of the Republic of Korea without prejudice to peace, public order or security of the Republic of Korea, to the extent that such navigation does not impair 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 shall violate such prohibition
Nevertheless, at around 22:00 on May 12, 2017 (hereinafter “Korea hours”), the Defendants entered the port to have five mates, seafarers, etc. on board the instant vessel at the time of Masung (1st century x 150 cm x 50 cm x 50 cm x 20 cm x 20 cm ) with the air-driven fishing gear, and entered the sea area near the northwestdo NLL, around 14:00 of the same month.
Defendants in collusion with each other from May 14, 2017 to March 30 of the same month, 38.02.986 degrees north latitude and 124.32.195 degrees east longitude (5.7 E, 6.3 E, east longitude), 38.02.9 degrees north latitude and 124.3701 degrees east longitude (5.1 E, 6.9 E, e, e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., g., e., e., e., e., e., e., e., e., e., e., e., e., e., 38 degrees m.).