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(영문) 광주지방법원 목포지원 2016.02.18 2015고단1565
특수공무집행방해등
Text

Defendant

A Imprisonment with prison labor for ten months, for each of six months, for each of six months.

Defendant No. 1 of the seized evidence.

Reasons

Punishment of the crime

The Defendants who interfere with the performance of their special duties are foreigners of the nationality of the People's Republic of China, and the Defendants A are the captain of E (68 tons, wood, 12 crew, 6) and the crew of the said fishing vessel. The Defendants B and C are the crew of the said fishing vessel.

Defendant

A around November 15, 2015, at approximately 55 nautical miles ( approximately 0.8 nautical miless inside North Korea, 33-45.7, easteast 124-04.2, e.g., EZ) southwest-do, the territory of the Republic of Korea and the territory of the Republic of Korea, there is a suspicion of violating the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone, the orders or restrictions or conditions under the aforesaid Acts, the agreement on fisheries concluded between the Republic of Korea and the People's Republic of China, and the orders, restrictions or conditions under the said agreement.

As recognized, G public officials of the Yellow Sea Fisheries Management Group instructed that the above public officials should not be allowed to board the fishing vessel, and that the public officials B and C should be allowed to take measures to prevent them from boarding the vessel.

Defendant

According to A’s order, Defendant B 1 saw a pipe (130 cm in length), which is a dangerous object, and Defendant C 1 saw each item of wooden material (160 cm in length), which is a dangerous object, and saw the above G, which is to embark on the vessel above the port steering house of the above fishing vessel, toward the above G, which is to embark on the vessel.

Accordingly, the Defendants conspired to carry dangerous things and thereby interfere with the legitimate execution of duties concerning the crackdown on illegal fishing operations of the People's Republic of China.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police in relation to G;

1. Police seizure records and list of seizure;

1. A E-proof video CD;

1. Location map of arrest;

1. Application of eight copies of evidence photographs

1. Relevant Articles 144, 136 (1), and 30 of the Criminal Act: Defendants who choose to commit the crime; and Articles 144, 136 (1), and 30 of the Criminal Act;

1. Defendant A: Sentencing specified in Article 48(1)1 of the Criminal Act;

1. Determination of types of crimes: Class 1 that interferes with the performance of official duties;

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