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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who actually owns a fishing vessel B (39 ton) with a shippered ship, and is on board as a shipmaster.
In consideration of the navigation area, size, use, output of a propelling engine, and other matters concerning the safety of ship navigation, an engineer meeting the standards for service of ship personnel prescribed by Presidential Decree shall serve aboard the ship.
1. On July 22, 2016, the Defendant violated the Ship Personnel Act: (a) operated the instant vessel from the Jeju Port that was located in the Jeju Port to the new port located in the same drilling; (b) on July 22, 2016, without having the head on board the vessel from around 13:00 to 22:30 on the same day.
2. On July 25, 2016, the Defendant violated the Ship Personnel Act: (a) operated the instant vessel from July 25, 2016 to July 25, 2016, to the Jeju-si port located at the Jeju-si port without having the head on board from July 25, 2016 to 18:30 on the same day.
Summary of Evidence
1. A protocol concerning the interrogation of each police officer against the defendant or C;
1. Report on detection of a person who violates the Ship Personnel Act, a written statement A, and detailed information at each port of entry;
1. A vessel nationality certificate, fishing vessel inspection certificate, details of fishery permission, crew list, engineer's license, and copy of a business registration certificate; and
1. Application of Acts and subordinate statutes on the resident registration card;
1. Relevant legal provisions and the choice of punishment for the facts constituting the crime: Each of the ship personnel's personnel under Article 27 subparagraph 5 of the Act and Article 11 (1) of the Act;
1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;
Conditions unfavorable to sentencing: Fine for a violation of the Marine Environment Management Act twice;