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(영문) 인천지방법원 2020.01.17 2019고정2478
군사기지및군사시설보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the master of Incheon reinforced Ship B (2.52 tons).

No person shall enter any military base or installation in which a controlled protection zone, fence, or no-entry label is installed.

Nevertheless, around 07:00 on August 21, 2019, the Defendant went to and depart from the port of the Mando Island of Incheon Strengthening Military Organization, and entered approximately 275 meters from the Civilian Control Line and the Fishing Demarcation Line, which are controlled protection zones under the Protection of Military Bases and Installations Act, around 12:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Evidential materials, regulations on or guidelines for the control of civilian activities in the operation area;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 24 (6) 1 of the Protection of Military Bases and Installations Act and Articles 9 (1) 1 of the Protection of Military Bases and Installations Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and opposing the instant crime.

It seems that there is no record that the defendant was punished for the same crime, and there is no criminal punishment exceeding the fine.

In addition, the defendant's age and happiness environment, the circumstances leading to the crime of this case, the means and result thereof, the circumstances after the crime, etc., and the overall sentencing conditions shown in the arguments of this case and the records shall be determined as per the disposition.

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