logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.09.21 2017고단4750
영해및접속수역법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for one year and fine for 20,000,000 won.

Defendant

B Imprisonment of 10 months and fine of 10,000,000 won.

Reasons

Punishment of the crime

Defendant

A is a master who exercises overall control over the operation and fishing of E (the "fishing vessel of this case", the 49 tons of fishing vessel, the clock, the 9 crew, and the owner of a vessel F (which are not required by China)).

Defendant

B Assistance to the captain, the navigation-related affairs of the fishing vessel of this case shall be conducted, and when fishing, the navigational officer who manages the affairs of the navigation and the transport network.

Defendant

C is a seafarer who is in charge of fishing and kitchen operations on deck.

No foreign vessel shall engage in fishing activities, 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, Defendant A, at around 17:00 on June 3, 2017, left the port of YI and left the port after he was on the ship on which he was on the deceased-registered ship at the port of YI and on which he was on the same month.

4. Around the summer of Incheon Island, the captain took over the right to manage and control the instant fishing vessel as the captain while moving from the near sea to the instant fishing vessel. Defendant B and Defendant C had already been on board the instant fishing vessel at the time.

From June 5, 2017, from around 05:00, the Defendants sought 6 copies of the pains, which Defendant A former captain (a former captain G) was able to search for about 8.4 nautical miles from the Mana-gun, Incheon Mana-gun, Incheon, the territorial sea of the Republic of Korea, at approximately 8.4 nautical miles (38.02 to 03 east-do, 124.27 to 29 east-do, and approximately 3.6 nautical miles from the Mana-gun, Incheon, the territorial sea of the Republic of Korea).

Accordingly, the Defendants conspired with former masters, etc. to engage in fishing in the territorial sea of the Republic of Korea.

Summary of Evidence

1. Each legal statement by the Defendants (as of the fourth public trial date);

1. Statement made by the police with H;

1. A explanatory note;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendants’ choice of the pertinent legal provisions and punishment for criminal facts: the Defendants’ choice of the statutory provisions and punishment: Article 8(1) first sentence and Article 5(2)10 of the Territorial Sea and Contiguous Zone Act; Article 30 of the Criminal Act; Article 8 of the Act on the Territorial Sea and Contiguous Zone; and Article 8 of the Act on the Territorial Sea and Contiguous Zone.

arrow