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(영문) 광주지방법원 목포지원 2013.10.29 2013고정379

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 90 million.

If the defendant does not pay the above fine, 20,000 won.

Reasons

Punishment of the crime

The defendant is the captain of China's fishing vessel D (C25-0523, promising, 47 tons, necked, Han-gu, 9 persons on board).

1. The Defendant, at around 21:00 on May 2, 2013, 35 degrees north latitude 35°30 degrees east longitude 125°35 degrees east longitude (21.3 nautical miles northwest longitude, 8.1 nautical miles outside the territorial sea). On the same month, the Defendant:

3. From 00:00 to 01:28, sea networks were operated at 35°24.321 degrees north latitude and 125°13 degrees east longitude (18.5 nautical miles northwest longitude, 3 nautical miles outside the territorial sea line, 55 nautical miles inside the EZ).

On May 3, 2013, the Defendant confirmed that at around 01:10, 1508 N.O.1, and N.22, 16 public officials of the Korea Coast Guard tried to approach the inspection, search, along with a stop order using light lights and sirens, in order to guide and control Chinese fishing vessels in the exclusive economic zone of the Republic of Korea.

The defendant, in order to escape due to the suspicion of violation of fishing operations in the operational zone, caused both net seafarers to cut off promising things on decks, and obstructed the legitimate performance of official duties of the maritime police officer by ordering the crew E, etc. to stop boarding of the vessel by ordering the crew E, etc. when the conclusion that the maritime police officer gets on board the vessel is close to her vessel, the defendant installed 30 straws (135 cm in length) under the custody of the maritime police officer on board the vessel on the right side and the right side of the vessel, and assault the public official of the maritime police officer on board the small-sized boat by rapidly increasing the output of the engine and operating the engine on the ground.

2. Violation of the Act on the Exercise of Sovereign Rights to Foreign Fishing, etc. in the exclusive economic zone.

(a) Any person who intends to engage in floating-net fishing activities in an exclusive economic zone of the Republic of Korea shall engage in fishing only in the area of the waters outside the territorial sea of 35 degrees north latitude in accordance with the conditions under which permission, etc. is restricted by the Korea-China Fisheries Agreement;