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(영문) 인천지방법원 2013.10.11 2013노2067
특수공무집행방해등
Text

Defendant

All appeals filed by A and C and prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor is that the judgment of the court below against the Defendants (the defendant A’s imprisonment of August, the fine of KRW 20 million and confiscation, the defendant C and D imprisonment of each of the six months, each of the fines of KRW 10 million and each of the fines of KRW 10 million) is too uneasable and unreasonable. The summary of the grounds for appeal by the defendant A and C is too unreasonable.

2. The crime of fishing and prohibited areas within the territorial sea of this case constitutes a serious and serious act of infringement of Korean sovereignty and fishery resources. Furthermore, the Defendants conspired against the Korean coast guard, thus obstructing the performance of official duties by mooring vessels as indicated in the judgment below, and displaying the pipe, etc. In light of the method and place of the crime, etc., the risk of the crime is very heavy and the punishment corresponding to the prevention of the same kind of crime should be imposed in the future.

However, in light of the sentencing records, such as the position, degree of participation, age, character and conduct inside the ship, etc., the defendants were on board the ship as stated in the judgment below to lead to the crime of this case in accordance with the order of the owner of the ship, etc., and the defendants did not repeat the crime. In light of the sentencing records, considering the above circumstances comprehensively, the sentence of the court below, which comprehensively considered the above circumstances, is not deemed to be unreasonable or unreasonable.

3. Thus, the appeal by the defendant A and C and the prosecutor against the defendants is without merit. Thus, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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