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(영문) 대구지방법원 영덕지원 2013.04.03 2012고정87
선박직원법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From April 30, 2012 to May 29, 2012, the Defendant had suspended a license for a marine officer (class 6 mate) who owns it:

1. On May 13, 2012, to be the captain of C at the port of the post-west-gun of Gyeongjin-gun, North Korea on May 13, 2012;

2. On May 14, 2012, around 03:00, a person serving as a shipmaster after boarding the above C at the later port;

3. On May 15, 2012, around 03:00, a person serving as a shipmaster after boarding the above C at the later port;

4. On May 24, 2012, around 03:00, the captain of the above C was on board as the captain of the said C at the later port.

Accordingly, the Defendant served as a ship's personnel during the period of suspension of a marine officer license four times as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of each Act or subordinate statute to verify the details of C entry into and departure from ports, copies of a marine officer's license, ship detailed information, ship's license, status of holding a ship, suspension of business and confirmation of boarding of ship personnel, and application of

1. Subparagraph 1 of Article 28 and Article 9 (1) of the Ship Personnel Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the defendant's and his defense counsel's assertion is as follows: although the defendant was allowed to board four times as stated in the facts charged in the instant case, only he was on board as a general service personnel and did not have the person on board as a captain, who is

2. The following circumstances revealed in the summary of evidence in front of the determination are as follows: (a) the Defendant was on board C more than four occasions as indicated in the facts charged in the instant case; (b) the Defendant, who was on the captain of C at the time, was on board the Defendant on behalf of the said D, due to the Defendant’s failure to board the Defendant’s type D, which was on the captain of C at the time, and the said D was on behalf of the Defendant.

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