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(영문) 창원지방법원 통영지원 2013.04.08 2012고단1183
군사기지및군사시설보호법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant A in violation of the Protection of Military Bases and Installations Act is the captain of a small-sized fishing vessel D (13 tons) at the time of common navigation, and the defendant B is the captain of the above vessel and its accessory E (9.77 tons) and the captain of the above E (9.77 tons).

Any person shall obtain permission from the commander of the jurisdictional unit, etc. in advance to enter controlled protection zones or capture marine animals and plants in controlled protection zones.

Nevertheless, at around 17:10 on September 27, 2012, around 22:10 on October 5, 2012, around 22:10 on October 27, 2012, and around 21:00 on October 27, 2012, the Defendants conspired to operate the above vessels and intruded into the port of the Jinhae-gun Station located in the Jinhae-gu, Changwon-si, Changwon-si, the controlled protection zone, and capture marine animals, respectively. At around 17:40 on September 28, 2012, around 22:0 on October 3, 2012, the Defendants operated the above vessels and entered the said Section without permission.

2. Violation of the Ship Personnel Act;

(a) A person who intends to become a defendant A's ship personnel shall obtain a marine officer's license from the Minister of Land, Transport

Nevertheless, without obtaining the above license, the Defendant served as the captain of the above D respectively at each date, time, and place under the above paragraph (1).

B. A person who intends to become a defendant B's ship personnel shall obtain a marine officer's license from the Minister of Land, Transport

Nevertheless, the defendant did not obtain the above license under Section A, and Section A of the above Article 2.

As stated in the above paragraph, the captain of the above D work on board respectively, and without obtaining the above license, the captain of the above E work on each date, time, and place under the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on the detection of each violating vessel, arrest report by each violating vessel, arrest report by a person who commits a violation of the Protection of Military Bases and Installations Act, on-site identification photographs of ships violating the Protection of Military Bases and Installations Act, and on-site identification photographs of each E-Control and Protection Area;

1. A small-sized fishing vessel that is to be loaded at the time of transit:

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