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(영문) 제주지방법원 2016.05.25 2016고단491

항공법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to operate an air leisure sport business shall register the land with the Minister of Construction and Transportation as prescribed by Ordinance of the Ministry of Construction and Transportation;

Nevertheless, on November 20, 2015, from around 16:00 to around 16:50 on the same day, the Defendant, without registering air leisure sport business, received KRW 70,00 per person against 4 customers who are unable to know their names at the off-shore landing and takeoff of the aircraft south-dong, Seoul, Seoul, except the aircraft captain, and operated approximately 50,000 square meters per person, a light-powered engine-powered XL.

2. Any person who intends to be engaged in air service, or to fly using a light-weight aircraft, shall obtain a certification of qualification for aviation personnel from the Minister of Construction and Transportation as prescribed by Ordinance of the Ministry of Construction and Transportation of the National Land.

Nevertheless, the defendant, without obtaining certification of light-weight aircraft pilot's qualification, used the date and time set forth in the above paragraph 1, and at the place of the light-weight aircraft's operation using Schlage XL.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the details of investigation and behavior of the suspect), investigation report (whether Schlage is a light-weight aircraft);

1. Application of statutes on site photographs;

1. Relevant provisions of the Aviation Act concerning facts constituting an offense, Articles 174(2), 140-2(1) (a) of the Aviation Act (the point of operating an unregistered air base business), Articles 172-2(5), 25(1), and 26 (the point of operating light aircraft without obtaining qualification certification) of the Aviation Act, and each of the fines;

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

1. On November 1, 2015, Defendant 1, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, did not obtain certification as a light-weight pilot, and was found to have committed an offense for which the light-weight aircraft in the instant case was flying for five minutes (the foregoing criminal facts are subject to suspension of indictment on February 26, 2016).