beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is the captain of C (3,405 tons) who is a ship transporting sand.
A vessel of not less than 12 meters in length shall exhibit the draft repair, and no person shall transport cargo in excess of the repair of a full hole marked by him/her.
Nevertheless, on February 7, 2017, at around 06:00, the Defendant loaded sand exceeding 40 centimeters from the west Sea EZ aggregate extraction complex around the 15-day coast near the 15th coast of the bank, while loading sand collected to C with the length of 99.04 meters. On the same day, the Defendant sent sand to the sand wharf located near the YY-si, the 11:00 square day, which is located near the YY-si, the YY-si, the 11:0 square day.
Summary of Evidence
1. Statement by the defendant in court;
1. The ship’s identity in violation of the Ship Safety Act;
1. Application of Acts and subordinate statutes to photograph documentary evidence at the time of mooring the vessel ledger and C mooring;
1. Article 83 of the relevant Act concerning the facts constituting an offense and Articles 83 subparagraph 9 and 27 (2) of the Safety of Ships Act concerning the Selection of Punishment;
2. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Establishment of Sentencing] of the Criminal Act is that the defendant is sentenced to a fine, but the defendant has committed the crime of this case intentionally even though he was sentenced to a fine 12 times or more for the same crime (a fine is imposed). Moreover, a fine cannot be achieved as a preventive function of the punishment against the defendant, and a fine cannot be imposed for the defendant who repeatedly commits the same crime without any particular crime without any specific crime. Therefore, the defendant is selected to be sentenced to imprisonment and the execution of the sentence shall be suspended, considering the fact that the defendant has been sentenced to a fine for the same kind of crime.