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(영문) 대전지방법원 서산지원 2013.07.17 2013고단383
특수공무집행방해등
Text

1. Defendant A

A. Defendant A shall be punished by imprisonment with prison labor for a year and a fine of KRW 150 million.

B. Defendant A’s above fine.

Reasons

Punishment of the crime

Defendant

A is the master who manages and supervises the operation of the N (150 tons, iron) fishing vessel and the overall fishery activities of the Chinese-sex fishing vessel, and the Defendant B is the deck who directs and takes charge of deck work at the captain’s direction, and the rest of the Defendants are the seafarers who do fishing on the above fishing vessel under the direction of the captain, deck, etc.

1. Defendant A

(a) No foreigner may conduct fishery activities in any specific prohibited zone prescribed by Presidential Decree for the purpose of protecting fishery resources or coordinating fisheries in an exclusive economic zone;

Nevertheless, around May 2, 2013, the Defendant entered the Republic of Korea on board 17 other seafarers on the said N from May 2, 2013 to May 15:11:00 of the same day, the Defendant conducted fishery activities by using the fish detection devices installed on the said fishing vessel in the exclusive economic zone of the Republic of Korea from May 26, 2013 to May 15:15 of the same day, using the fish detection devices installed on the said fishing vessel on the sea of approximately 65 miles-do located in the Dogri-do located in the Dogri-do located in the specific prohibited zone of the Republic of Korea (N 37.01.45 minutes North latitude, 124.16.08 minutes North latitude, and approximately 1.5 days in the exclusive economic zone of the Republic of Korea).

B. On May 26, 2013, at around 15:15, the Defendant: (a) was engaged in the above fishery activities at the places indicated in the paragraph (a), and the Defendant was approaching the said fishing vessel by using high speed lines to control the illegal operation of the said fishing vessel; (b) the Defendant did not comply with the order to stop the vessel, even though it did not comply with the order.

2. The Defendants, at the time and place specified in paragraph (1)(b) and the place specified in paragraph (1) of this Article, were gathered in order to obstruct the Defendants’ co-offenders by taking advantage of high speed situation to access the said fishing vessel to regulate the illegal operation of the said vessel.

Defendant

A is found to find the high speed of the above piracy, and a loudspeaker installed at the steering house at the steering house, about 2 meters of the length of the decline, which is a dangerous object, to the other Defendants, and thickness.

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