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(영문) 인천지방법원 2012.09.03 2012고단8711
특수공무집행방해등
Text

Defendant

A shall be punished by imprisonment for 6 months and by a fine for 100 million won, and Defendant B shall be punished by a fine for 5 million won.

Defendant

B above.

Reasons

Punishment of the crime

1. The Defendants’ co-principal conduct: Defendant A who violated the Act on the Exercise of Sovereign Rights concerning Foreigners’ Fishing, etc. in Exclusive Economic Zone, rather than China’s necessity, is the captain of D (class 45 tons of a vessel) who is a low-speed fishing vessel being towed out of the ship, and is under overall direction on the fishery activities and operation of the said vessel; Defendant B is the mate of the said vessel, and is a person who assists the captain and manages the crew.

A foreigner who intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries for each vessel.

Nevertheless, the Defendants, without obtaining permission from the Minister for Food, Agriculture, Forestry and Fisheries, on July 10, 2012, on board eight seafarers under the same paragraph of the same paragraph from around 21:00 of the same month to around 06:00 of the same month, on the 23th day of July 2012, from around 21:0 of the same month, the Defendants engaged in fishery activities, such as capturing the 13-mam (N 38.02 minutes north latitude and 124.20 minutes east longitude) at the 13-day Man-do, Incheon Cheongjin-gun, Incheon, where the specific prohibited area was invaded in the exclusive economic zone of the Republic of Korea on the 16th day of the same month.

Accordingly, the Defendants conspired to violate the Act on the Exercise of Sovereign Rights on Foreigners' Fishing in Exclusive Economic Zone.

2. Defendant A’s criminal act: Around 06:00 on July 24, 2012, the special obstruction of performance of official duties was carried out by six Korean maritime police officers (sloping E, Assistant F, Senior G, Inspector H, Assistant I, PoliceJ) of the Republic of Korea while engaging in illegal fishing, and entered into the steering house to avoid any defect in regulating the Defendant’s illegal fishing operations.

이어 피고인은 위 조타실 안에서 경사 F이 조타실 문을 열고 진입을 시도하던 중 소지하고 있던 “ㅏ”자 모양의 방망이(길이 50cm )를 조타실 안으로 떨어뜨리자 손으로 위 방망이를...

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