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(영문) 대전지방법원 2018.06.21 2018고단57
군사기지및군사시설보호법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On December 1, 2017, the Defendant was sentenced to imprisonment with prison labor for the crime of destroying special property at the Daejeon District Court on May 2, 2018, and the said judgment became final and conclusive on May 2, 2018.

[Criminal facts] The Defendant had weak ability to discern things or make decisions due to mental illness, such as detailed uncertainty disorder, etc.

No person shall enter military bases or installations installed with fences or no access control marks without permission.

Nevertheless, on September 8, 2017, the Defendant offered the name cards of Daegu B, a military base located in Daegu Dong-dong-gu, Daegu Dong-gu, 2017, including the name cards of the 11 battle, which was held in the first sentence of the “FFAAAAAS 11 battle,” and the Defendant went beyond the first sentence of the said 1.

Accordingly, the defendant entered military bases and installations installed with fences or no-entry markers without permission.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each police statement made with respect to C and D;

1. Each letter of E, F, and C preparation;

1. A medical certificate;

1. The head of the accusation, the report on the occurrence of the case attempted to enlist in the Daegu District District without permission, the first door CCTV video CDs, the investigation report (a CCTV image verification installed in the first door of the 11 combat flight group), the closure of on-site CCTV images;

1. Results of inquiries about the head of the 11th combat flight in the Air Force;

1. Previous convictions in judgment: The results of inquiry, investigation reports (Attachment to the same attached records), the text of judgment, and the application of Acts and subordinate statutes on certificates of confirmation in criminal trials

1. Relevant Article 24 of the Protection of Military Bases and Installations Act concerning facts constituting a crime and Article 24 (6) 1 and Article 9 (1) 1 of the Protection of Military Installations Act (or choice of imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act.

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