2017 Highest 8403 Violation of the Aviation Security Act

A (93 - 2), free of office

The term "Jathere" (prosecutions) and "Jathere" (Trial)

Attorney Cho Ji-hun

May 25, 2018

Defendant shall be punished by imprisonment for not more than four months, by a fine not exceeding 1,00,00 won.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

except that the execution of the above imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal History Office

1. Violation of the Aviation Security Act by smoking in an aircraft;

On August 21, 2017: around 30: The Defendant smoked tobacco in his possession in the toilets in the aircraft of EE541, the Republic of Korea, at the point of origin of the Incheon International Airport and the route of the operation of Vietnam, for the International Airport.

was.

2. Violation of and injury to the Aviation Security Act by the assault of crew on an airplane;

The Defendant: (a) prevented the Defendant from smoking tobacco under the influence of alcohol at the time and place specified in paragraph (1); and (b) took video of the same video with a cell phone in order to secure evidentiary materials, the Defendant, who is a member of the Lone Star Construction Work, had the victim walked more than once on the right edge of the victim B (n, 23 years old).

As a result, the Defendant committed an assault that obstructs the security of aircraft, and at the same time, inflicted an injury on the right-side salt unit that needs to be treated for two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C and each copy of D’s statements;

1. Requesting a person to file a complaint against a violation of the Aviation Security Act of this Costa Aeronautical Corporation (or an indoor smoke, etc.);

1. An investigation report (the investigation of CD-related data submitted to this Lone Star Port Corporation);

1. Medical certificate (B), medical examination and treatment record;

1. Colors, Memba received from Etha when received from E.S. Port, and Mema received from E.S. Port Mema (S. butts Mem Mema)

Compilation photographs of CD images;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 50(6)1 and 23(1)2 of the Aviation Security Act (the point of smoking in an aircraft), and aviation bulletin

Articles 46(1) and 23(2) of the Security Act (a point of violence against the security of an aircraft) and Article 257(1) of the Criminal Act

(Inflicting of Injury)

1. Competition;

Articles 40 and 50 (Violation of Aviation Security Act and Bodily Injury due to Assault against Security of Aircraft)

Terms of violation of the Aviation Security Act due to violence against the security of aircraft with heavy punishment;

Punishment)

1. Punishment for concurrent crimes;

The former part of Article 37 and Article 38(1)3 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The Defendant smoked in the aircraft, and prevented passengers from smoking, and caused the injury by assaulting the victim, who is an aircraft crew member who taken pictures of the aircraft to secure evidentiary materials. Smoking in the aircraft is highly likely to cause a large accident by causing a fire. An act of violence inside the aircraft may interfere with safe flight and cause serious damage to human life and property. In this regard, the Aviation Security Act grants the captain and crew entrusted with authority by the captain of the aircraft to take necessary measures against the act of harming the security of the aircraft. The Aviation Security Act imposes the duty of cooperation on passengers, and only provides for imprisonment with prison labor for not more than 10 years for the act of harming the security and operation of the aircraft. The function of the aircraft in the process of controlling the Defendant’s control. The victim was damaged by the Defendant’s assault, and the Defendant was inflicted on the victim, and at the time of committing a crime, the occurrence of an accident at the time of his/her intentional occurrence of such danger may have been discovered.

However, the Defendant appears to be aware of and reflect on the crime in this court. The Defendant’s early control by crew members was not high, and the injury of the victim was not high enough. The victim did not want to punish the Defendant. The Defendant appears to have committed a contingent crime under the influence of alcohol while suffering from depression, etc., and it does not appear to have been based on a conclusive perception that would hinder the security and operation of aviation machines. The Defendant was punished once by alcohol driving, and there was no other special criminal history. The Defendant appears to have been given an opportunity to reflect the Defendant due to detention for a certain period, and the Defendant is able to repent and live in good faith in this court.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., and all the sentencing conditions in the course of pleading.

Judges Lee Jae-hwan