A defendant shall be punished by imprisonment for not less than one year and six months.

The proceeds of sale as referred to in subparagraph 1 of this Article and subparagraph 2 of this Article shall be confiscated.

Punishment of the crime

The defendant is a captain who exercises overall control over the operation and fishing activities of unregistered Chinese fishing vessels [10 tons, steel vessels, four persons on board, and vessel owners B (SP)].

1. No foreign vessel of the Republic of Korea shall engage in fishing activities, which is an act detrimental to peace, public order, or security of the Republic of Korea, within the territorial sea of the Republic of Korea;

Nevertheless, at around 21:00 on April 9, 2019 (Korean time; hereinafter the same shall apply), the Defendant loaded 15 square meters of his/her own net fishing gear on the said fishing vessel and boarded three seafarers on board the said vessel under paragraph (1) of the same paragraph, and departed from the Republic of Korea for the purpose of operation in the sea area. On April 11, 2019, the Defendant arrived at 0.76 nautical miles (the parallel of lat. 37.41 minutes, east 125.41 minutes, east 11.24 nautical miles of the territorial sea of the Republic of Korea) and laid down the time to operate the vessel at that point.

① On April 25, 2019, at around 01:00, the Defendant captured approximately 20 km from the parallel parallel 7.8 nautical miles (the parallel 37.36 minutes North latitude, 125.53 minutes East longitude, and 4.2 nautical miles from territorial sea) to the north west of the Emardo, the Defendant waiting to move his own net net fishing gear into the north west of the Emardo. At around 01:00 on April 27, 2019, the Defendant captured approximately 20 km with the net net gear returned to the above point, and waited at the near sea again at around 01:00, the Defendant captured approximately 50 km on April 28, 2019.

Accordingly, the Defendant was engaged in fishing activities within the territorial sea of the Republic of Korea.

2. A public prosecutor or judicial police officer prescribed by Presidential Decree may issue an order to stop a foreign vessel suspected of engaging in illegal fishing activities in an exclusive economic zone, and the relevant foreign vessel shall comply with such order;

Nevertheless, on April 28, 2019, at around 02:54, the Defendant engaged in illegal fishing as described in paragraph (1) at sea from the 7.5 nautical miless from the parallel parallel (37:35 minutes north latitude, 125.52 minutes East longitude, and 4.5 nautical miless from territorial sea).