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(영문) 제주지방법원 2016.02.04 2015고단1492
선박안전법위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for four months

However, the defendant A for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the captain of a sand gathering and transport vessel D (1,612 tons).

No person shall transport passengers or cargo exceeding the full draft repair marked on a ship in accordance with the standards determined and publicly announced by the Minister of Oceans and Fisheries.

Nevertheless, from April 21, 2015 to April 22, 2015, from around 12:15 to April 22, 2015, the Defendant transported sand 2,100 square meters in a state of over 100 centimeters in the draft of D using D, from around 12:15 to around 09:40, from around 12:00 to around 12:30, 2015, the Defendant transported 2,100 square meters in a state of over 10cc of the draft of sand marked in D using D using D in the exclusive border area in the Republic of Korea of the Republic of Korea from around the 17:05 on July 1, 2015 to the loading and unloading of sand 10:2,100 square meters in a state of over 10cc of sand marked in D.

2. Defendant B Co., Ltd. was the owner of D’s set forth in paragraph (1), and Defendant B, the captain of D, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the police statement made to E;

1. A copy of D sand transport port register, copy of ship's nationality certificate (D), copy of ship inspection certificate (D), copy of marine engineer's license, copy of business registration certificate (B stock company), and a copy of all registered matters;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Each former Ship Safety Act (wholly amended by Act No. 12999 on January 6, 2015)

(b) Articles 84(1)9 and 27(2) of this Act, the choice of imprisonment;

B. Defendant B corporation: Articles 84(2), 84(1)9, and 27(2) of the former Ship Safety Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A who has been suspended from execution: Article 62(1) of the Criminal Act (The following factors shall be considered as favorable to the reasons for sentencing);

1. Defendant B Co., Ltd.: Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act.

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