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(영문) 인천지방법원 2019.09.20 2019고합542
특수공무집행방해치상등
Text

Defendant

A Imprisonment for two years and fines for 40,000,000 won, Defendant B’s imprisonment for one year and six months and fine for 30,000,000 won.

Reasons

Punishment of the crime

Defendant

A is a captain who exercises overall control over the operation and fishing activities of a unregistered Chinese fishing vessel (80 tons, a river, an excursion ship operator, an excursion ship operator D, an excursion ship operator D; hereinafter “instant fishing vessel”); Defendant B is a mate who assists the captain in the same fishing vessel and delivers the captain’s instructions to the crew; and Defendant C is a person who repairs and manages an institution, such as the engine of the same fishing vessel.

1. No foreigner engaged in the illegal operation of the EZ in the Republic of Korea shall conduct fishery activities in a specific prohibited zone within the exclusive economic zone.

Nevertheless, the Defendants loaded about 150 square meters in the instant fishing vessel, her entire hulls and wire networks, her entire entrances of windows and engine rooms installed with wire networks, departing from the port. At around 12:00 on July 6, 2019, the Defendants captured about 14 nautical miles from the west-do, Incheon Spoi-gun, Cheongjin-gun, Incheon (hereinafter referred to as “N 37.37.5 minutes, east 125.23.5 minutes, east 125.5 minutes, east 65.5 nautical miles in a specific prohibited area) on the sea. At around 10:00 on July 10, 2019, the Defendants captured one soft-net fishing gear at the sea.

As a result, Defendants conspired to conduct fishery activities in a specific prohibited area within the exclusive economic zone.

2. Defendant A

(a) An inspection or judicial police officer prescribed by Presidential Decree may issue an order to stop a foreign vessel suspected of engaging in illegal fishing activities in the exclusive economic zone, and such a vessel shall comply with such order;

Nevertheless, on July 9, 2019, at around 04:28, the Defendant engaged in illegal fishing, such as Paragraph 1, at approximately 28 nautical miles (an area near the 37.54 minutes North latitude, 124.02 minutes North latitude, and approximately 1.2 nautical miles in the specific prohibited area), while the high speed of the Maritime Police of the Republic of Korea, with respect to which the suspicion of illegal fishing was detected, approach to the fishing vessel of this case and her beam the beam.

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