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Defendant
A shall be punished by fine for negligence of KRW 3,000,000, and by fine of KRW 1,000,000.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A was working as the captain of the tugboat B owned by Defendant B under Defendant B, and Defendant B is the owner of the above vessel.
1. A marine officer who serves as the defendant A's ship's personnel shall serve aboard according to the service standards, and C is a ship with a gross tonnage of 37 tons and a ship with a captain of 6th class mate and an chief engineer of 6th class engineer, respectively;
Nevertheless, at around 03:00 on July 8, 2018, the Defendant left the Republic of Korea by towing C B from the D Water Sheet E, which is located in Sacheon-si, and thereafter, the Defendant operated the ship with the head of the agency concurrently without having the head of the agency, who is a ship's personnel, until the F Corporation at the Saman-si Construction Site at around 11:45 on the same day.
2. The shipowner of Defendant B, a stock company, shall have a marine officer who meets the standards for service aboard ship personnel, in consideration of the navigation area, size, purpose, output of a propelling engine, and other matters concerning safety in ship navigation;
Nevertheless, the defendant, as stated in Paragraph 1, had an employee A operate the above ship without having the head of the agency, who is a ship's personnel, to be on board C with respect to the defendant's duties.
Summary of Evidence
1. Defendants’ legal statement
1. Application of Acts and subordinate statutes to documentary evidence photographs, certificate of ship's nationality, certificate of tugboat navigation inspection, each business registration certificate, and entire certificate of registration;
1. Defendant A of the relevant Act on criminal facts: Article 28 subparag. 2 of the Ship Personnel Act and Article 14 of the Ship Personnel Act: Article 30, Article 27 subparag. 5 of the Ship Personnel Act and Article 11(1) of the Ship Personnel Act;
1. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;