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(영문) 부산지방법원 2013.04.18 2013고정746
개항질서법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay each of the above fines, only 50,000.

Reasons

Punishment of the crime

1. Defendant A shall navigate a ship other than miscellaneous ships entering or passing through the boundaries of an open port in accordance with the routes determined by the administrator of a regional maritime affairs and port office by a public notice;

Nevertheless, at around 17:00 on November 8, 2012, the date following the date of departure from the port in Seo-gu, Seo-gu, Busan and the next day.

9. At around 10:20, no navigation along the service route of paragraph 2 of the Southern Port, the steering gear was returned from the birth map located in the Youngdo of Busan to the port of South and North Korea, and the N-3 and N-1 burial ground entered the port of Busan to the port of South and North Korea.

2. In order to prevent a violation, Defendant B neglected to exercise due diligence and supervision over the pertinent business, and A, an employee of the Defendant, committed the same act as that of the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Reporting on the occurrence of a case and the application of Acts and subordinate statutes attached thereto;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 45 subparagraph 1 of the Public Order in Open Ports Act, Article 11 (1) main sentence B of the Act: Article 47 and Article 45 subparagraph 1 of the Public Order in Open Ports Act and the main sentence of Article 11 (1) of the Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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