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(영문) 광주지방법원 목포지원 2018.06.21 2018고합9
특수공무집행방해치상등
Text

Defendant shall be punished by imprisonment for two years and by a fine of 100,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone, is the captain of G (90 tons, two- set-off vessels, 11 passengers on board) and H is the captain of the above vessel, and the captain of the above vessel and the J is the captain of K, a two-way vessel owner of the above vessel.

Where a foreigner intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.

Nevertheless, in collusion with H, I, and J on January 4, 2018, the Defendant: (a) 33.52 degrees northwest-gun, west-gun, west-gun, west-do, west-do, 124.52 degrees east (22 nautical miles inside the line of fisheries agreement) and (b) 124.52 degrees east-do; (c) without the permission of the Minister of Maritime Affairs and Fisheries, J, without the permission of the Minister of Maritime Affairs and Fisheries, has set one mold of the two network fishing gear loaded in K, the main line of which; (d) on January 4, 2018, the Defendant had taken the above fishing gear taken over from K, the main line of which, around 10:50, 30 degrees west-do, west-do, west-do, west-do, west-do, west-do, west-do, west-do, west-do, 125 degrees 4.5 minutes.

2. The Defendant injured by interfering with the performance of special duties and obstructing the performance of special duties at the time and place specified in paragraph 1, as described in paragraph 1, started crackdown by the maritime police officers while conducting fishing activities without permission. If it is discovered in crackdown, he/she should pay approximately KRW 300,000,000,000, and if he/she fails to pay the security money, he/she should be detained, and thus, he/she was willing to resist the control of the maritime police officers.

On January 4, 2018, the Defendant: (a) around 11:48, 2018, the Maritime Police Officers demanded a marine police officer to board G to conduct an investigation; (b) opened the entrance as the steering house of the said vessel; and (c) contacted the captain J of K with a knife and a knifeless electricity.

“To inform K as “,” and cause K to shock the above vessel three times, which is a dangerous thing.

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