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(영문) 창원지방법원 통영지원 2012.01.31 2011고단930
군사기지및군사시설보호법위반등
Text

Defendant

A Imprisonment of 8 months and fines of 1,000,000 won, Defendant B’s imprisonment of 8 months and fines of 500,000 won, and Defendant C.

Reasons

Punishment of the crime

Defendant

A The captain, Defendant B, and Defendant C are the captain, Defendant B, and Defendant C of Msan Coast Coast Guard G, Defendant D are the aforementioned F, lessee, and F and the captain of G.

1. Violation of the Protection of Military Bases and Installations Act;

A. Defendant A and Defendant B’s co-principal wanted to intrude the Defendants into the controlled protection area within the naval base of the Jinhae-gun, Changwon-si, which is located in the Jinhae-gu, Changwon-si, and capture the former.

A person who intends to capture marine animals and plants in a controlled protection zone, which is a naval base zone, shall obtain prior permission from the commander of the jurisdictional unit (including the commander of the jurisdictional unit). However, the Defendants conspired to do so on September 3, 201 without obtaining permission from the commander of the jurisdictional unit, etc., but on September 3, 201, the Defendants captured approximately 30 km by using the above vessels, which is located in the Chang-gu, Jinwon-si, Changwon-si, Sagdong, which is located in the controlled protection zone.

B. Defendant C and Defendant D’s co-principal wanted to intrude the Defendants into the controlled protection area within the naval base base of the Jinhae-gun, Changwon-si, which is located in the Jinhae-gu, Changwon-si, and capture the boom.

A person who intends to capture marine animals and plants in a controlled protection zone, which is a naval base zone, shall obtain prior permission from the commander of the jurisdictional unit, etc. (including the commander of the jurisdictional unit) but the Defendants conspired with the commander of the jurisdictional unit on September 4, 201 without obtaining permission from the commander of the jurisdictional unit, etc., but the Defendants captured approximately 50 km by using the above vessels, which is located in the Chang-gu, Jinwon-si, Chang-si, the control and protection zone, and intrudes on the sea of 0.8 miles, which is located in the area of the above control and protection zone, and operates the fishing gear loaded on each vessel.

2. Fisheries Act violations;

A. A person who intends to carry on small-sized fishing gear that captures aquatic animals using the common fishing net gear of Defendant A and Defendant B shall be the Ministry for Food, Agriculture, Forestry and Fisheries for each fishing vessel or fishing gear.

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