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(영문) 인천지방법원 2018.06.14 2018고단3277
영해및접속수역법위반
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of twenty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the captain of a Chinese fishing vessel (a vessel of about five tons, steel vessel) with the name of the vessel of which the name of the vessel is unknown, and a person who takes overall control of the operation and fishing of the vessel.

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

Nevertheless, at around 16:00 on April 11, 2018 (Korean time; hereinafter the same), the Defendant left the above paragraph of the same paragraph for the purpose of operating with three other seafarers on board the said fishing vessel, and with four other fishing vessels operating together with the said fishing vessel, and arrived at the adjacent sea area of the North Limit (NLLL) of the Incheon Jina-gun, Jin-gun, Incheon, on April 13, 2018, around 23:00.

On April 20, 2018, the Defendant, at around 21:00, 11.6 nautical miles (North Korea’s latitude 37.40.300 east east east 125.70 east east 125.70 east east 25 nautical miles east east 25 nautical miles east east east east east east east east of the Republic of Korea) carried a total of 4 meters of fishing gear (10 metres per one square meter) around April 21, 2018. On April 21, 2018, the Defendant captured 5 cm (weight 2k gg) by breaking only one meter from among the fishing gear operated as above.

Accordingly, the Defendant, within the territorial sea of the Republic of Korea, engaged in fishing, which is an act detrimental to peace, public order or security of the Republic of Korea.

2. That a foreign vessel violating the order of stopping the territorial sea is suspected of engaging in fishing within the territorial sea of the Republic of Korea;

When recognized, the authorities concerned may conduct stopping, search, seizure or other necessary orders or measures, and no crew member or other passenger of a foreign vessel who has received such orders or measures shall refuse, interfere with, or evade such orders or measures.

Nevertheless, on April 21, 2018, the Defendant instructed the crew to stop the sea-going fishing gear at the 11.2 nautical miles (North Korea’s 37.39 minutes, east 125.57 minutes) from the eastdo-do, Incheon Cheongjin-gun, Incheon, Incheon, on April 21, 2018.

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