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(영문) 인천지방법원 2018.05.25 2017고단8403

항공보안법위반

Text

Defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 21, 2017, the Defendant violated the Aviation Security Act due to smoking in an aircraft: (a) smoked a tobacco possessed in a toilet in the aircraft of this Cost, which was operated in Vietnam, starting from the Incheon International Airport on August 21, 2017.

2. Violation of the Aviation Security Act due to the violence of crew on board an aircraft, and the injured Defendant had the victim go beyond the right edge of the victim D (the age of 23) who is an airline crew member, taken a video on a cell phone in order to restrain the Defendant from smoking tobacco while drunk at the time and place specified in paragraph (1), and to secure evidentiary materials.

As a result, the Defendant committed an assault that obstructs the security of aircraft, and at the same time, inflicted an injury on the right side of the victim, which requires two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of each E and F statement;

1. Requesting a customs officer to investigate any violation of the Aviation Security Act (e.g., indoor smoking, etc.) of the Lone Star Aviation Company;

1. The investigation report (the investigation of data on CDs submitted to Lone Star airlines);

1. Medical certificates (D) and records of medical treatment;

1. Application of the statutes governing the editing of CD images, such as a cat, merm received from an airline of this Star, merm ( tobacco butts cathograph), and a CD image editing photograph;

1. Article 50 (6) 1, Article 23 (1) 2 (the point of smoking in the air) of the Aviation Security Act (the point of smoking in the air), Articles 46 (1), 23 (2) (the point of assault detrimental to air security) of the Aviation Security Act, and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Aviation Security Act due to an act of violence against air security and the trade name of the crime of injury, and a punishment imposed on a violation of the Aviation Security Act due to an act of violence against air security with heavy punishment);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

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

1. Article 62 of the Criminal Act: