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(영문) 부산지방법원 2017.01.11 2016고정3501
선박의입항및출항등에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The captain of a ship that intends to enter the water zone, etc. of a trade port shall file a report with the Minister of Oceans and Fisheries before entering the port, if he/she intends to depart from the water zone, etc. of the trade port.

Nevertheless, the Defendant operated Busan Ship C (24t, towing towing vessel) and did not report entry into Busan Port on September 10, 2015 and did not report entry into Busan Port on September 21:40, 2015. In addition, the Defendant did not report entry into and departure from port 28 times in total (14 times of entry into and departure from port, 14 times of departure from port, and 14 times of departure) as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A list not reported at the entry and departure, and records not reported at the entry and departure port;

1. Ship documents and business registration certificate;

1. Application of Acts and subordinate statutes to report commencement of internal investigation;

1. Article 56 of the Act on the Arrival, Departure, etc. of Vessels for Criminal Facts and Selection of Punishment, and Articles 56 subparagraph 1 and 4 (1) of the Act on the Arrival, Departure, etc. of Ships; Selection of 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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