beta
(영문) 광주지방법원 순천지원 2018.07.19 2018고단886

선박직원법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual owner and the captain of a fishing vessel B (7.31 ton) with a high interest coastal vessel.

Anyone who intends to become a ship personnel, such as the captain of a fishing vessel with a gross tonnage of at least five tons, shall obtain a license for marine engineer from the Minister of Oceans and Fisheries, and no person who fails to obtain such license shall serve

Nevertheless, around 09:10 on May 1, 2013, the Defendant: (a) set sailed from the port of Naedo located in the Yan-gun, Gosong-gun; (b) worked as the captain of the above B without a maritime officer’s license until he entered the port of Naedo on May 7, 2013; and (c) worked as the captain of the above B from around that time to March 27, 2018, respectively, as shown in the list of crimes committed in attached Table 215.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. The current status of entry and departure;

1. Application of Acts and subordinate statutes to reporting on detection of persons who violate the Ship Personnel Act;

1. Article 27 subparagraph 2 of the Act, and Article 4 (1) of the Act, respectively, shall apply to the relevant legal provisions concerning the facts constituting a crime and the choice of punishment for each of the ship personnel;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confessions and reflects, and records of the same kind, but there are no records of the same kind exceeding the fine);