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(영문) 울산지방법원 2015.06.19 2015노276
선박직원법위반
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 3,000,000 won.

3.2

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. An act of issuing a certificate of qualification issued by the State by improper means is considered disadvantageous to the defendant, such as that there is a great need for punishment for public interest, and that there is a big social demand to raise awareness about maritime safety.

However, the fact that all of the crimes of this case are recognized by the defendant, the defendant is the first offender, and the defendant seems to have lived in a relatively sincere manner before the crime of this case is committed, the maximum statutory penalty for the crime of this case is 5 million won, it is difficult for the defendant to economic situation, and support children who are living alone.

In full view of the above unfavorable circumstances and favorable circumstances, and other various circumstances, such as the Defendant’s age, character and conduct, environment, economic situation, family relationship, motive and background of the offense, and circumstances after the offense, etc., the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable.

3. In conclusion, since the defendant's appeal is well-grounded, the part of the judgment below against the defendant B among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows.

However, pursuant to Article 25 of the Rules on Criminal Procedure, Article 27 subparagraph 1 of the former Ship Personnel Act (amended by Act No. 11690, Mar. 23, 2013); Article 27 subparagraph 3 of the former Ship Personnel Act (amended by Act No. 11690, Mar. 23, 2013); Article 27 subparagraph 3 of the former Ship Personnel Act (amended by Act No. 11690, Mar. 23, 201); Article 7 subparagraph 3 of the former Ship Personnel Act (amended by Act No. 11690, Mar. 23, 2013); Article 27 subparagraph 3 of the former Ship Personnel Act (amended by Act No. 11690, Mar. 23, 2013); Article 7 subparagraph 3 of the former Ship Personnel Act (amended by Act No. 27 subparagraph 3 of the former Ship Personnel Act).

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