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(영문) 창원지방법원 2018.11.07 2018고단1190 (1)
군사기지및군사시설보호법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around September 2017, the Defendant, C, D, E, F, and G gathered in the I coffee shop and G house located in Changwon-si, Changwon-si, Changwon-si, Changwon-si, with intent to without permission and distribute profits equally after they captured and captured electric fish in the Jan Military Port Control and Protection Zone located in the Jan-si, Changwon-si, Changwon-si, and the Defendant, on behalf of the captain, made a statement to the investigation agency as the captain ("one-person acting as the captain") and the crew, and as the captain of the J, conspired to act as the captain of the K in order to include the captain of the vessel and to operate the vessel on board as the captain of the J, and B conspired to act as the captain of the K if it is controlled by the investigation agency.

1. No one who commits joint crimes with the accused and B shall enter, or capture or gather fishery animals and plants in controlled protection zones, unless he/she obtains permission from the commander of a jurisdictional unit, etc. in advance;

A. On October 5, 2017, the Defendant and B conspireded with the Defendant to commit the crime on October 5, 2017, in a Masan-si L around 21:50 on October 4, 2017, the Defendant was the captain of J; B was on board as the captain of J; B was on board as the actual crew of K’s captain’s interestJ; and on October 5, 2017, without obtaining permission from the competent commander, etc., entered into the Jin-si-si area located at the sea of 0.3 Emb in the same bank while working in the Jin-si-si-si area where he was on the 0.3 Emb in the same bank; and captured approximately 30 kmg in the east-si area by means of throwing and lifting coastal fishing gear from the same day to 02:28 on the same day.

B. On October 22, 2017, the Defendant and B conspired to commit the crime, and entered the Korea Coast Guard Control and Protection Zone located on the sea of 0.25 Mag-gu, Changwon-si, 2017, at around October 22, 2017, to share the same role as the described in the foregoing paragraph A and to leave the J, and thereafter, to enter the Korea Coast Guard Control and Protection Zone located on the sea of 0.25 Mag-gu, Changwon-si, 21:23 on the same day.

2. The defendant;

A. On September 2017, the Defendant also runs a fishing operation in the N Office of Defendant’s operation in Changwon-si M, Changwon-si, M, and in B, in the Control Department (referring to the Control and Protection Zone in the Jinhae-si).

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