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(영문) 인천지방법원 2016.06.09 2016고단1987
특수공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for six months and by a fine of fifty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, either as Chinese, is a captain who exercises overall control over the operation and fishery activities of C (46 tons of a vessel, hereinafter “the instant vessel”) which is a low-level fishing vessel, the towing of which other than the Chinese vessel at the same time.

1. An inspection of violation of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone, or a judicial police officer prescribed by Presidential Decree may issue an order to stop a foreign vessel suspected of illegal fishing activities in the Exclusive Economic Zone, and in such cases, the vessel shall comply with such order;

Nevertheless, the Defendant, at around 17:00 on April 4, 2016, left the port to operate another seafarer on board the said vessel under the same paragraph of the same paragraph of the same paragraph of the same paragraph, with a view to carrying out fishery activities in the exclusive economic zone of the Republic of Korea, at around 07:0 on April 6, 2016, at approximately 15 nautical miles in the Southern-do, Incheon, Spojin-gun, where the area subject to specific prohibition was 48.8 nautical miles in the exclusive economic zone of the Republic of Korea (the foregoing 37°36 minutes in north, 125°01 minutes in east, 12:50 minutes in east, 12:00 in east-do, and 2:00 east-do 15 nautical miles in east-dong, Incheon, 2016, without complying with the order to foster the said vessel by using the 308 nautical miles-do 308 nautical miles.

2. On April 6, 2016, the Defendant interfered with the performance of special official duties, while preparing for operation using the above C at approximately 15 nautical miles south-dong, south-dong Sea (North Korea’s 37.36 minutes, east 125.01 minutes, east 125.01 minutes) of the Incheon Coast Guard’s appeal, which affected the specific prohibited area, among the exclusive economic zones around 12:2, around 48.8 nautical miles, was issued a stop order by police officers belonging to the Incheon Coast Guard.

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