The meaning of the free-line specified in Article 3(1) of the Stows Control Act

A vessel prescribed in Article 3 (1) of the Stowping Control Act refers to the act of leaving the vessel without permission from the vessel on board outside the Republic of Korea, not to require the purpose of smuggling.

Defendant

Busan District Court Decision 75No2614 delivered on October 29, 1975

The final appeal is dismissed. 75 days out of detention days after the final appeal shall be included in the original sentence.

The defendant's grounds of appeal are examined.

According to evidence presented by the court below, the facts of the judgment of the court of first instance are recognized, and the objection under Article 3 (1) of the Stows Control Act is interpreted as not only an act of leaving the ship without permission in the area other than the Republic of Korea, but also an act of leaving the ship in the area other than the Republic of Korea. Thus, the argument is groundless.

Therefore, the appeal shall be dismissed, and 75 days of the number of days pending trial after the appeal shall be included in the principal sentence pursuant to Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Young-young (Presiding Justice)