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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
, however, from the date this judgment becomes final.
Reasons
Punishment of the crime
Defendant
A is the owner of C(9.7t) who is a coastal sea-based fishing vessel, and the captain of the vessel is the captain of the vessel, and the defendant B is the person working as the deck of the vessel.
1. Persons who intend to become ship personnel performing the duties of the captain, etc. on board a ship violating the Ship Personnel Act shall obtain a marine officer license;
Nevertheless, around 14:00 on October 28, 2019, Defendant A left the above vessel on the sea near the port of falling on the sea near the port of falling in Yong-gun, Yong-Namnam, and had Defendant B, who did not hold a marine officer license from around that time to October 13:25, 2019, work as the captain of the above vessel; Defendant B, without a marine officer license, worked as the captain and operated the above vessel in the vicinity of the port of falling in the Sungnam-gun, Yong-gun, Yong-gun.
Accordingly, Defendant A served Defendant B as a ship's personnel without obtaining a marine officer's license, and Defendant B served as a ship's personnel without obtaining a marine officer's license.
2. Defendant A is the captain of the above vessel, who is in charge of the operation of the vessel and the safety control duties of the crew. Defendant B is the person who, around October 28, 2019, left the deck and was engaged in the operation of the above vessel and the safety control duties of the crew on behalf of Defendant A from October 14, 2019.
Defendant
A, around 14:00 on October 28, 2019, left the above vessel, and around that time caused Defendant B to navigate the said vessel, and instructed Defendant B to anchor the said vessel on a part (a tag installed so that the vessel can be fastened by mooring at anchor) in the neighboring sea near Yong-Namnam-gun D. Defendant B, at around 13:10 on October 29, 2019, sought to anchor the said vessel on a part in the D neighboring sea in Yong-Namnam-gun, Jeonnam-gun.
그런데 당시는 사리 기간으로 물살이 평소보다 빨랐고 선박 위에서의 작업은 해상추락 위험이 상존하고...