항공안전법위반등
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)
A. As to the violation of the Aviation Safety Act, the Defendant should obtain flight approval from the public officials in charge of light of the relevant regulations on June 23, 2017.
Inasmuch as “to withhold control by the end of 2017,” the Defendant, who continued to operate the business without obtaining flight approval, was aware of illegality, and was temporarily suspended depending on the control discretion of public officials, and accordingly, the Defendant’s act does not constitute a crime.
misunderstanding that there is a reasonable ground for such mistake;
shall not be deemed to exist.
Nevertheless, the court below rendered a not guilty verdict on the charge of violating the Aviation Safety Act on the ground that the act constitutes a mistake in law, and the court below erred by misapprehending the facts and legal principles.
B. The Defendant’s package trading service business falls under the business of spreading high risk with respect to both occupational and practical injury and injury, and thus, the Defendant and its assistant employed not only the pilot who directly embarks on passengers, but also the pilot who operates the business by employing the pilot, thoroughly check the equipment condition during the process of assisting the pilot to take off the flight before the pilot take off the flight, take measures to immediately stop the flight, or provide the pilot with a duty of care to educate and manage the pilot in advance to stop the flight, while neglecting such duty at the time of the instant case, the Defendant and its assistant are at fault, which led the pilot to take off the flight direction by impliedly viewing the pilot’s decision to take off the flight.
Nevertheless, the judgment of the court below not guilty of the facts charged against occupational injury, occupational injury, and occupational injury, is erroneous in the misunderstanding of facts and legal principles.
2. Judgment on the grounds for appeal
A. The lower court’s judgment on the grounds of appeal as to the violation of the Aviation Safety Act