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(영문) 대전지방법원 서산지원 2016.02.04 2015고합117
특수공무집행방해치상등
Text

Defendant

A Imprisonment for two years and fines for 50,00,000 won, Defendant B, C, and D shall be punished by imprisonment for one year and six months, respectively.

Reasons

Punishment of the crime

Defendant

A is the captain of F (78 tons, neck lines, hereinafter “the instant fishing vessel”) who is a Chinese permanent fishing vessel for which the Minister of Oceans and Fisheries of the Republic of Korea has obtained a promising fishery activities in the exclusive economic zone of the Republic of Korea from the Minister of Oceans and Fisheries, and the crew of the said fishing vessel are the crew of the said vessel.

1. On November 20, 2015, from around 11:08 to December 12:00 of the same day, the Defendants committed the joint crime of the Defendants: (a) around 76 nautical miles between the west and southwest (34°00 east, 124°01 east, and 18 nautical miles inside EZ) of the Republic of Korea at the sea of approximately 76 nautical miles (1507 mal miles between the police officers belonging to the Republic of Korea, who ordered the instant fishing vessel to stop in order to verify illegal fishing operations; (b) Defendant A, et al., to the crew of the said fishing vessel from around 1:08 to around 2:0 of the same day, failed to keep the victims from boarding the said vessel at the speed of the Republic of Korea, i.e., the vessel’s face, which is a dangerous object on the deck; and (c) Defendant B, a coast guard of the Republic of Korea, assigned to the said vessel.

As a result, the Defendants conspired to carry dangerous objects and interfere with the legitimate execution of duties by the maritime police officers concerning the crackdown on illegal fishing, thereby causing approximately 4 cm to the right side which requires treatment for about 14 days.

2. Defendant A judicial police officer of the Republic of Korea may issue an order to stop a foreign vessel suspected of engaging in illegal fishing activities in an exclusive economic zone, and the vessel shall comply with the order to stop the vessel in such cases.

On November 20, 2015, the Defendant is operating at approximately 76 nautical miles (34°00 minutes in north Korea, 124°01 minutes in east, EZ, 18 nautical miles on November 20, 2015) northwest of the west, west, west, west, west, west, west, west, west, west, west, west, west, west, west, west, 18 nautical miles on the part of EZ.

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