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(영문) 광주지방법원 목포지원 2016.01.21 2015고단1570
특수공무집행방해등
Text

Defendant

A Imprisonment with prison labor for ten months and fines of fifty million won, and each of the defendants B and C shall be punished by imprisonment with prison labor for six months.

Defendant

A.

Reasons

Punishment of the crime

Defendants are foreigners of the nationality of the People's Republic of China, Defendant A is the captain of E (59 tons, necks, 10 passengers on board, F) and Defendant B and C are the crew of the said fishing vessel.

1. On November 20, 2015, Defendant A was suspected of violating the agreement on fisheries concluded between the Republic of Korea and the People’s Republic of China, the orders, restrictions, or conditions under the agreement, and the agreement on fisheries concluded between the Defendant and the Republic of China, at approximately 51 nautical miles (2.8 nautical miles on the north, north, 124-59, east, 124-04, and 2.8 nautical miles on the part of the EZ) southwest-do, the southwest-gun, west-gun, the southwest-gun, the southwest-gun

As recognized, the police officers belonging to the Bapo Coast Coast Guard order the above fishing vessel to stop on board, and the police officers, including the defendant B and C, are threatening with the finial flag for the purpose of indicating the fishing gear so that the police officers are not on board the vessel, and the police officers are not on board the vessel, and the defendant B used the finial flag for the purpose of displaying the fishing gear so that they are not on board the vessel, and the defendant B used the above finial flag, and the defendant C used the finial flag for the fishing vessel and displayed the above finial flag with the police officers who want to board the vessel at the entrance of the finite crew of the fishing vessel, respectively.

As a result, the Defendants conspired to carry dangerous objects and interfered with the legitimate execution of duties by police officers, such as Ha, etc., of the Korea Coast Guard G, concerning the crackdown on illegal fishing of Chinese fishing vessels.

2. Defendant A

(a) there is a suspicion that the vessel of a country which has concluded a fishery agreement with the Republic of Korea in the exclusive economic zone of the Republic of Korea has violated the said agreement, the orders, restrictions or conditions under the said agreement;

Where deemed necessary, an order to stop a foreign vessel may be issued, and in such cases, the vessel shall comply with such order.

The defendant is suspected of violating the fishery agreements concluded between the Republic of Korea and the People's Republic of China, and orders, restrictions or conditions under the said agreements.

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