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(영문) 서울남부지방법원 2018.10.17 2018고정803
군사기지및군사시설보호법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 30, 2018, the Defendant was sentenced to a suspended sentence of three months by a military court at the ordinary military court of the third army of the Army for an offense of aggression, and the judgment became final and conclusive on April 13, 2018.

【Criminal facts shall not enter controlled protection zones without permission of the commander of the competent unit, etc. in military bases and military installations protection zones, and shall not capture or gather fishery animals and plants in controlled protection zones.

Nevertheless, on May 12, 2017, the Defendant, along with E, entered the controlled protection zone and collected wild burden in the controlled protection zone without obtaining permission from the commander of the jurisdictional unit.

Accordingly, the Defendant conspiredd with E to gather marine animals and plants in collusion without obtaining permission from the commander of the jurisdictional unit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of military prosecution officials regarding E;

1. Each statement of H and I;

1. Previous convictions in judgment: Inquiry into criminal and investigation career data, reply to facts, and application of the text of the judgment;

1. Relevant Article of the Protection of Military Bases and Installations Act, Articles 24 (6) 1 and 9 (1) 1 (a), Article 30 of the Criminal Act, Article 24 (3) and Article 9 (1) 3 of the Protection of Military Bases and Installations Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, the Protection of Military Bases and Installations Act, Article 30 of the Criminal Act, the selection of fines;

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

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (except for the background and content of the crime, the fact that all of the crimes are recognized, and the record of the crime committed by the same opportunity, the same kind of crime prior to the instant case.

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