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(영문) 인천지방법원 2013.10.11 2013고정2296
선박안전법위반
Text

Defendant

A shall be punished by a fine of KRW 500,000, and by a fine of KRW 1,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the shipper C(171 ton) master and the barge D(2,652 ton) manager, and the defendant B is the owner of the ship.

1. Defendant A shall not use for navigation a barge D on the ship inspection certificate issued by the Minister of Land, Transport and Maritime Affairs after passing a regular inspection by getting the maximum number of persons on board to board with zero persons on board;

Nevertheless, around 12:50 on February 28, 2013, from the Manyang-si, the Manyang-si: (a) was towed by C in order to have one crew (seafarer E) aboard the barge; and (b) on March 5, 2013, from the port of the port to the 2.3math (Fix37-21.7N, 126-3.70E) of Jung-gu Incheon, Jung-gu, Incheon, the port of departure from the port to the 12.3ma (Fix37-21.7N, 126-3.70E).

2. Defendant B Co., Ltd. committed an act identical to the facts described in paragraph (1) above with respect to the Defendant’s business.

Summary of Evidence

1. The suspect interrogation protocol of the defendant A by the police;

1. The police statement concerning F;

1. E-certification;

1. A statement of detection;

1. C, D ship documents (ship's nationality certificate, ship inspection certificate), ship inspection certificate (C), ship's nationality certificate (C), tugboat navigation inspection certificate (C);

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Article 84 (1) 2 and Article 8 (2) of the Ship Safety Act; the defendant Eul corporation entitled to a fine: Articles 84 (4) and (1) 2 and 8 (2) of the Ship Safety Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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