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(영문) 인천지방법원 2015.05.27 2015노5
업무방해등
Text

The judgment below

The part of the defendant C, D, and E shall be reversed.

Defendant

C and E shall be fined 8,00,000,000, Defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence C, D, and E (dubly unfair) is too unreasonable.

B. In light of the legal principles, Defendant F (1) is the Defendant’s duty of ship inspection, and the Defendant did not interfere with the work of the Korea Ship Safety Technology Authority (hereinafter “Authority”).

(B) The Defendant did not know that the agency should be open when conducting a main agency open inspection.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

C. A ship inspection certificate under the name of the president of the Corporation (misunderstanding of facts or misunderstanding of legal principles as to the preparation of a false official document, which is the primary charge, and the preparation of a false official document, which is the primary charge) is an official document. The Defendants forged an official document in the form of indirect charge, or prepared a false official document.

2. Determination

A. Determination of the misapprehension of the legal principles on Defendant F and Prosecutor’s assertion (1) is: (a) The Corporation is a corporation established to ensure the safety of ship navigation and to research, develop, and distribute technology related to ship or facilities on behalf of the Minister of Oceans and Fisheries on behalf of the Minister of Oceans and Fisheries (Article 45 of the Ship Safety Act); and (b) the inspector belonging to the Corporation (hereinafter “inspector”) on behalf of the Corporation (Article 46 subparag. 2 and Article 60 subparag. 2 through 4) on behalf of the Corporation (Article 46 of the Ship Safety Act) on behalf of the Corporation (Article 7(1) of the Ship Safety Act); (c) the ship inspector (ship’s hull, etc.); (d) the ship inspector (ship’s hull, etc.); (e) the ship’s engine inspector (ship’s engine, etc.); and (e) the Defendants are divided into a specialized inspector (Article 97-2(1) and (4) of the Enforcement Rule of the Ship Safety Act on behalf of the Corporation.

(B) 1 shipowner of the vessel inspection certificate issuance process and the inspection officer’s business processing regulation shall be from the Minister of Oceans and Fisheries, 1.

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