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(영문) 전주지방법원 2014.03.14 2014노80
특수공무집행방해등
Text

1. The part of the judgment below against Defendant C is reversed.

2. Defendant C shall be punished by imprisonment with prison labor for one year.

3. Provided, That this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant A, the sentence of the lower court (one year and six months of imprisonment, a fine of 150,000,000 won) is too unreasonable.

B. In light of the overall sentencing conditions of Defendant B, the sentence of the lower court (one year and three months of imprisonment) is too unreasonable.

C. In light of the overall sentencing conditions of Defendant C, the sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. The part against Defendant A concerning the crime of this case is against the confession of the crime of this case; Defendant A committed the crime of this case for his livelihood; Defendant A committed the crime of this case; family members to be supported; and Defendant A had no record of criminal punishment in Korea; etc. are favorable to Defendant A.

However, the crime of this case is likely to have been planned to set up collectively and systematically against Defendant A, in preparation for the crackdown on illegal fishing operations by installing a device that can sprink the sprink on the side of the fishing vessel and preparing a large quantity of hacks, etc. in advance, and Defendant A, as captain, determined that Defendant A will work in the exclusive economic zone of Korea as captain, and ordered the crew to resist the hacks on the hacks of the maritime police in order to seriously destroy or damage Korea’s fishery resources and control the illegal fishing operations. As such, Defendant A, as captain, determined that Defendant A will work in the exclusive economic zone of Korea, and instructed the crew to resist the hacks of the maritime police.

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