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| TITLE | Busan District Court Decision 2011Gohap93 Decided May 27, 2011[Attempted Murder during Commission of Marine Robbery,Attempted Murder during Commission of Robbery,Injury by Marine Robbery... [full Text] |
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| Summary | |
| [1] Whether the ""current location"" under Article 4 (1) of the Criminal Procedure Actproviding territorial jurisdiction includes ""current location by movement by unlawful force"" (negative) [2] In case where Somalia pirate defendants et al. were arrested, transported, delivered to domestic investigation and detained and charged with hijacking the ship operated by the Republic of Korea (""ROK"" or ""Korea"") marine transportation company Gap on the high waters near the Arabian Sea north of the Indian Ocean and committing an attempted murder during commission of marine robbery, etc. on the ROK citizen crew, the case holding that the defendants were in domestic detainment facility by lawful arrest, immediate delivery and lawful custody and thus, the domestic court as current location has territorial jurisdiction [3] In case where Somalia pirate defendants et al. were arrested, transported, delivered to domestic investigation and detained and charged with hijacking the ship operated by the ROK marine transportation company Gap on the high waters near the Arabian Sea north of the Indian Ocean and committing an attempted murder during commission of marine robbery, etc. on the ROK citizen crew, the case holding that the ROK ""Criminal Act"" and ""the Punishment of Damaging Ships And Sea Structures Act"" apply to the case ... | |
