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(영문) 제주지방법원 2016.07.21 2016고정357

범인은닉

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the owner and captain of Jeju Coastal Fishing Vessel C(29 tons) and engaged in fishery as the captain, employed D as C seafarer.

D was sentenced to a fine due to the obstruction of business affairs, but it was impossible to pay it, and the defendant was also aware of this fact.

From October 19, 2015 to December 2, 2015, the Defendant: (a) reported the change of boarding crew on a total of five occasions, such as the list of crimes in the annexed sheet; (b) reported the change of boarding crew due to the lack of crew members for fishing operations; (c) did not report the change of boarding crew; (d) did not report the change of boarding crew; and (d) concealed the offender by having D, who committed the above crimes and are designated, embarked on a ship to C and engaged in fishing operations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Reporting the results of arrest of designated recipients (B) and measures taken;

1. Copy of C ship documents and C entry into and departure from port;

1. Application of Acts and subordinate statutes on the screen of Diplomatic inquiries;

1. Article 151 of the Criminal Act applicable to the crime, Article 151 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant confessions the crime of this case and repents his mistake. The defendant complains that D is a recipient of basic living, who is a patient of urology, and asks for the statement of change of boarding board while claiming that he is unable to file a report of change of boarding board, and the seafarer also causes the crime of this case, and the defendant's side pays D's fine on behalf of the defendant.

In light of the following facts: (a) there was a reason for refusal by D; (b) there was no history of criminal punishment against the Defendant exceeding the same criminal history or fine; and (c) the Defendant’s age, sexual conduct, environment; (d) circumstances after the crime; and (e) various sentencing conditions specified in the argument of the instant case, the amount of fine prescribed in the summary order.