beta
(영문) 인천지방법원 2013.10.10 2013고단5529

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. The Defendant violated the Territorial Sea and Contiguous Zone Act is a person in charge of the fishery activities of the said vessel as the captain of the said vessel, who was not in China, but in charge of the said vessel, and D is a person who assists the captain in the activities of the said vessel and directs the crew at the site and takes charge of the duties of oil management, etc. and is concurrently a mate and engineer who assists the captain in the activities of the said vessel.

If it is found that a foreign vessel is suspected of engaging in any conduct detrimental to peace, public order or security of the Republic of Korea, as well as fishing activities at the time of passage through the territorial sea of the Republic of Korea, the authorities concerned may issue an order or take other necessary measures, such as stopping, search, seizure.

On August 24, 2013, around 17:06, the Defendant, along with D, escaped about 5.9 Ethm (37°59°9°N 124°29°20 seconds) northwest-do, Incheon Cheongjin-gun, Incheon, the Defendant: (a) obstructed the territorial sea of the Republic of Korea; and (b) escaped for about 10 minutes without complying with the order, even though the Defendant, at around 17:58, discovered the above fishing vessel, 502, belonging to the guard station of the Incheon Coast, including slope E, belonging to the Incheon Coast Guard, was suspected of engaging in fishing in the territorial sea of the Republic of Korea; and (c) ordered the Defendant to stop using a signal, such as a public broadcast, water signal, light signal, etc., for about 10 minutes.

Accordingly, the defendant, in collusion with D, rejected the order of stopping by the Incheon Coast Guard of the Republic of Korea.

2. Special obstruction of performance of official duties: (a) on August 23, 2013, the Defendant: (b) loaded 600 ventilation gear under the same paragraph of the same paragraph of the same paragraph, instead of China on August 18:0, 2013; (c) left the port with eight passengers aboard the port; (d) around 17:06, on the 24th day of the same month, around 5.9 Eth day (37:59 degrees North latitude; 124.29 degrees 29 degrees 20 seconds East longitude) northwest-do, Incheon Cheongjin-gun-gun, Incheon, Cheongjin-do; (d) obstructed the territorial sea of the Republic of Korea; and (e) refused to comply with the order, as above, from around 17:58, the guard-general of the Incheon Coast Police Station at around

After that, the defendant is given the above date and time.