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(영문) 창원지방법원 2014.11.26 2013고단1982
군사기지및군사시설보호법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On January 10, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Fisheries Act and a violation of the Naval Bases Act at the Changwon District Court on the grounds of a violation of the Fisheries Act and a violation of the Naval Bases Act; and on January 5, 2013, the Defendant was sentenced to a fine of four million won for the violation of the Protection of Military Bases and Installations Act at the Changwon District Court’

【Criminal Facts】 The Defendant is the captain of 7.93 tons C, a vessel affiliated with 7.93 tons B.

1. Those who intend to capture marine animals and plants within the controlled protection zone which is the naval base district shall obtain permission from the commander of the jurisdictional unit, etc. (including the commander of the jurisdictional unit) in advance;

The Defendant, without obtaining permission from the commander of the jurisdictional unit, etc., captured, in collusion with the captain D, the captain “general captain” E, the inner name “general captain” F, and crew G, from around 02:00 on September 16, 2012 to around 02:20 on September 16, 2012, the Defendant captured, in collusion with the captain of the vessel, the captain, “general captain” E, “general captain” F, and “hermen” on the part of the crew members, who were in the naval control and protection zone, on the sea of approximately 0.2 math on the eth of 0.2-day, whereby the volume

B. The Defendant, in collusion with the commander of the jurisdictional unit, etc. on October 5, 2012, from around 22:00 to around 22:30 of the same day, captured approximately 500 ggg of ebbbbbbbbbling net fishing gear, in collusion with the above D, etc., in a manner that intrudes on the sea at approximately 50 meters away from the Jinhae-gu, Changwon-si, Seoul Special Metropolitan City, which is located within the naval control and protection zone.

2. A person who intends to enter the controlled protection zone, which is the naval base district, shall obtain permission from the Minister of National Defense or the commander of the jurisdictional unit, but in collusion with the above D, etc., the defendant, from September 28, 2012 to 17:30 on September 28, 2012, in collusion with the above D, and went into the sea on the sea of approximately 0.5 miles, North-dong bank located in the Jindo-si, Changwon-si, Changwon-si, which is located in

Summary of Evidence

1. Application of the evidence list Nos. 1 to 31 by the prosecutor

1. Relevant military bases and installations concerning criminal facts and the choice of punishment;

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