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(영문) 광주지방법원 2016.05.12 2016노759

특수공무집행방해등

Text

The judgment below

Of the above, the part concerning Defendant A shall be reversed.

Defendant

A Imprisonment with prison labor of ten months and fines of twenty thousand won.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor to the lower court by the Prosecutor, the Defendants’ assertion of the facts as to Defendant A’s appeal 1) should comply with the Rules on the Procedure for Fishing Activities of the People’s Republic of China (hereinafter “Rules on the Procedure for Fishing Activities for Exclusive Economic Zone”) upon obtaining a fishery permit from the Minister of Oceans and Fisheries under the “F”, while obtaining the fishery permit from the Minister of Oceans and Fisheries.

“The fact that Defendant A was subject to the conditions, and that Defendant A was fully aware that, in violation of Article 13(7) of the said Rules, Defendant A interfered with a competent public official of the Republic of Korea on board the said vessel for inspection, etc. of the vessel.

Nevertheless, the court below found Defendant A not guilty on the ground that there is no proof of crime regarding the facts charged in violation of the Act on the Exercise of Sovereign Rights on Foreign Fishing, etc. in Exclusive Economic Zone (hereinafter “the Exclusive Economic Zone Act”), and thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court to Defendant A (a 10-month imprisonment and confiscation) is too unfluent and unfair.

B. The reasoning of the appeal by the Defendants is that the sentence of the lower court (10 months of imprisonment and confiscation, Defendant B, and C: 6 months of imprisonment) is too unreasonable.

2. Determination

A. Of the judgment of the court below on the prosecutor's assertion of mistake of the facts, the captain and crew of a fishing vessel of the Republic of Korea of the Republic of Korea of the Republic of Korea of the summary of the charge not guilty against the defendant A, who conduct fishery activities in the exclusive economic zone of the Republic of Korea, shall cooperate to the maximum extent possible in order to ensure the safety of the public officials concerned when the public officials with the authority of the Republic of Korea intend to board a vessel to conduct inspections. However, the defendant A is recorded in