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(영문) 부산지방법원 2018.08.17 2017고정941
항공보안법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Passengers on board an aircraft shall follow the legitimate directions of the captain, etc. who are prohibited from performing acts impeding the security and flight of the aircraft.

Nevertheless, on January 28, 2016, the defendant, on the ground that he was on board the Busan Aircraft (C) in the Gangseo-gu, Gangseo-gu, Seoul, 112 Kimpo-ro 18:00, the defendant left the aircraft entrance without permission of the captain, etc., and the flight security officer D deserts the aircraft without permission of the captain, etc. to leave the aircraft entrance without permission of the captain, etc. is an act violating the Aviation Security Act and is subject to punishment. Thus, the defendant demanded again to leave the aircraft within the aircraft in accordance with the flight security Act, and the defendant's instructions were neglected and " was erroneous for him to do so."

"라고 고성을 지르면서 상의를 벗어 던지고 피고인의 행동으로 안전 운항에 지장을 받을 것으로 판단한 기장이 피고인에게 탑승거부를 고지하고 하기를 명령하자 ‘ 내가 뭘 잘못했는데 ’라고 하며 기장의 지시를 따르지 아니함으로써 정상적인 항공기 운항에 지장을 초래하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of respective Acts and subordinate statutes of F, G, H and E;

1. Article 49 (2) 2 of the Aviation Security Act and Article 23 (4) of the same Act concerning the facts constituting an offense;

1. Articles 70 and 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;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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