logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.05.10 2012노2538
군사기지및군사시설보호법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Determination on Defendant E and A’s appeal

A. Defendant E is dissatisfied with the lower judgment and filed an appeal on December 4, 2012, and on January 3, 2013, the Defendant received a written notification of the receipt of the trial record from this court (the Defendant’s spouse’s M in his/her residence received it as his/her ward) and did not submit the statement of grounds for appeal by the lapse of 20 days from the date on which the Defendant received the written notification of the receipt of the trial record (the Defendant’s spouse’s receiving it as his/her ward in his/her residence)

B. Defendant A dissatisfied with the lower judgment and filed an appeal on December 4, 2012, and on February 2, 2013, the Defendant received the notification of the receipt of the trial record from this court (the Defendant received the notification from N in the dwelling of the Defendant) and did not submit the statement of grounds for appeal by 20 days after the lapse of 20 days from the notification (the Defendant received the notification from N in the dwelling of the Defendant). In addition, the petition of appeal does not contain any indication of the grounds for appeal, and no other record

2. Determination on the grounds for appeal by Defendant B and F

A. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the above Defendants (Defendant B: fine of 6 million won, Defendant F: fine of 3 million won) is too unreasonable.

B. The above defendants recognized each of the crimes of this case, there are circumstances that can be considered in light of the circumstances such as balance and equity with the final and conclusive judgment as stated in the facts constituting the crime of this case. However, there are considerable frequency of illegal fishing by the above defendants. The crime of this case requires strict punishment as an act threatening national security by impeding the protection of military bases and installations and the smooth execution of military operations. The above defendants have history of punishment for the same kind of crime in the past, Defendant F committed the crime of this case during the period of repeated crime, and Defendant B committed the crime of this case during the period of suspended execution.

arrow