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(영문) 창원지방법원 통영지원 2012.04.27 2011고단1191
군사기지및군사시설보호법위반등
Text

Defendant

A shall be punished by imprisonment for four months and by a fine for 500,000 won, and imprisonment for six months and a fine for 500,000 won, respectively.

Reasons

Punishment of the crime

1. Defendants A and B are the captain of Mtesan Shipping D (7.93 tons) and the captain of Mtesan E (7.93 tons). Defendants A and B are the lessees of the above D.

A person who intends to enter a controlled protection zone, which is a naval base district in violation of the Protection of Military Bases and Installations Act, or capture marine animals and plants in a controlled protection zone, shall obtain prior permission from the commander of the jurisdictional unit, etc. (including a commander of the jurisdictional unit). However, the Defendants conspired to capture marine animals and plants by intrusion into the controlled protection zone within the Jinhae-gu, Jinhae-si, Hawon-si, the jurisdictional unit, without obtaining permission from the commander of the jurisdictional unit. At around September 23:30, 201, the Defendants captured the 50 km-g of each vessel by using the above E and D, which is located within the controlled protection zone of the Jinhae-si, the Jinhae-si, the Jinhae-si, the Seoul Coast Bases-si, the 0.8 Mae-dong, the e., the e., the e.

B. A person who intends to carry on coastal fishing boat fishing using a powered fishing vessel in violation of the Fisheries Act shall obtain permission from Mayors/Do governors for each fishing boat and gear, but the Defendants conspired to do so.

Fisheries was carried on by using the fishing nets and gear as above without obtaining permission at the time and time stated in the port.

C. In spite of the fact that ships enter and depart within the boundaries of an open port in violation of the Public Order in Open Ports Act, the Defendants conspired to report to the authorities concerned.

At the time and place specified in the port, the operator did not report to each related agency the entry and departure of the operating vehicle at the Seocho-gu Yancheon-gu Port wharf, Jinwon-si.

2. Defendant A 1-A

At the time and place stated in the port, the above D's captain was on board without a small ship operator's license.

3. Defendant B is Defendant B’s first-A.

At the time and place stated in the port, the above E's captain without a small ship operator's license, and the above A without a small ship operator's license was on board as the captain of the above D.

Summary of Evidence

1. Trial records of the first time;

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