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(영문) 대전지방법원 천안지원 2020.04.28 2019고단3294

군사기지및군사시설보호법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In Pyeongtaek-si B around April 27, 2016, the Defendant presented the Defendant’s certificate of access to the military police forces of the U.S. military branch of the entrance, and entered the said military base without the permission of the commander of the competent unit, as if the Defendant were D, by doing so, without permission. As such, the Defendant obstructed the security of the said military base by deceptive scheme from that time to September 17, 2019, without permission of the commander of the competent unit on a total of 1,151 occasions, such as the list of crimes, and thereby interfered with the security of the said military base by deceptive scheme.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into and departure from the suspect;

1. Application of Acts and subordinate statutes to report internal investigation (victim C telephone conversations) and report internal investigation (person D telephone communications for reference);

1. Article 24 (6) 1 of the Protection of Military Bases and Installations Act, Article 9 (1) 1 of the same Act concerning criminal facts, and Articles 314 (1) and 313 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are recognizing and opposing his mistake.

There is no penalty for similar crimes.

However, the defendant did not enter military installations more than 1,151 times without permission, and it cannot be deemed that the defendant did not have any other unlawful purpose because he did not have any other illegal purpose.

Defendant has been punished several times for various crimes.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.