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(영문) 창원지방법원 2017.07.12 2017고단1363
군사기지및군사시설보호법위반등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. In violation of the Protection of Military Bases and Installations Act, Defendant A is the captain of a throughn shipment C (7.93t) and Defendant B is the captain of a throughn shipment D (7.31t).

No one shall enter controlled protection zones without permission from the commander of the competent unit, etc., or capture or gather fishery animals and plants in controlled protection zones.

On September 30, 2016, the Defendants conspired to intrude into the controlled protection zones within the Jinhae Naval Base Port located in the Jinhae-si, Changwon-si, and capture a 100 km, without obtaining permission from 01:50 on October 1, 2016 to 03:10, the Defendants captured a 100 km g, by using the above C and D when they intrude into the sea near the breakwater, which is located in the said naval base control protection zone, and by operating a fish-net fishing gear loaded on each vessel, without obtaining permission from the commander, etc. in charge of the said naval base control and protection zone.

As a result, Defendants conspired to enter the controlled protection zone without obtaining prior permission from the commander of the jurisdictional unit, etc., and captured marine animals and plants in the zone.

2. Violation of law for ship personnel;

A. Defendant A, without obtaining a marine engineer license on September 30, 2016, departed from the Masan-si, Changwon-si, Changwon-si, and served as captain C of paragraph (1) to the sea between the Jinhae-si, as stated in paragraph (1), around October 1, 2016.

B. Defendant B, without obtaining a marine engineer license on September 30, 2016, departing from the Masan Masan Port located in Changwon-si, Changwon-si on September 30, 2016, and served as captain D as stated in paragraph (1) up to the sea level within the Jinhae Naval Base Port as stated in paragraph (1), around 03:10 on October 1, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on arrest of the violated vessel;

1. Evidentiary photographs of the violating vessel;

1. Responses to a request for cooperation in investigation (whether the person holds a license for marine articles);

1. Application of Acts and subordinate statutes to replies to data on investigation affairs (cargo certificates and the ledger of fishing vessels);

1. Criminal facts;

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