logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.05.27 2016노82
특수공무집행방해치상등
Text

The defendant's appeal is dismissed.

Reasons

Improper sentencing of the summary of reasons for appeal: The sentence of the lower court (two years of imprisonment and fine of 50 million won) is too unreasonable.

Judgment

The court below's ruling (the captain of the fishing vessel of this case, who refused to issue an order to stop a vessel of the Korea Coast Guard in the exclusive economic zone of the Republic of Korea, instructed the crew of the Korea Coast Guard not to go on to the fishing vessel of this case, and escaped the vessel at a long distance of time, such as a wing-up of own material, which is a dangerous object for the marine police officers not to go on to the vessel of this case. The crew B et al., the crew of the vessel of this case, et al., carried out the injury that the victim's face, i.e., the marine police officer, who was a captain of the fishing vessel of this case, was faced with the speed of 40 meters.

If the maritime police officers take dangerous objects at sea and take a resistance at the port of control, they may fall on the sea or receive appropriate medical treatment so that the maritime police officers may suffer serious injury.

If the injured party wants to punish the defendants and the Chinese fishing vessel obtained a certain fishery activity permit in the exclusive economic zone of the Republic of Korea, the vessel is naturally premised on complying with the legitimate orders of the Korea Coast Guard who supervises illegal fishing activities beyond the permission. However, if the defendant, knowing that the captain of the vessel of this case was issued a lawful order of stopping by the Korea Coast Guard, runs away in violent resistance as stated in the facts of the crime, the defendant's escape can not be regarded as an act of disregarding the purpose of the permission of the fishery activity as well as an act of disregarding the public authority of the Republic of Korea, and even if the illegal fishing activity in the exclusive economic zone of the Republic of Korea increases, it can be evaluated as an act of disregarding the public authority of the Republic of Korea.

arrow