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(영문) 서울남부지방법원 2010.11.11 2010고단2047
출판물에의한명예훼손 등
Text

A person shall be punished by imprisonment with prison labor for two months, and a fine of five million won for the second crime in the holding.

Reasons

Punishment of the crime

[Criminal Justice] On April 28, 2006, the Defendant was sentenced to a suspended sentence of one year for defamation, etc. at the Seoul Southern District Court on July 27, 2006, and the judgment became final and conclusive on July 27, 2006. On July 1, 2008, the suspended sentence was revoked, and is a person who was serving in the Young Military Court on January 28, 2010.

【Criminal Facts】

1. Defamation;

1. Article 29-2 (1) and (2) of the former Aviation Act (amended by Act No. 8014 of Sep. 27, 2006) which is the object of the application for adjudication on the constitutionality of a law provision in this case, and Article 29-2 (2) of the former Aviation Act (amended by Act No. 8014 of Sep. 27, 2006) provides that Article 29-2 of the current Aviation Act is the subject of adjudication on the constitutionality of a law, but it is reasonable to

(1) The Minister of Land, Transport and Maritime Affairs (current Ministry of Land, Transport and Maritime Affairs) may conduct the practical test under the provisions of paragraph (1) of Article 29 using flight simulators instead of actual aircraft.

(2) The boarding experience using flight simulators designated by the Minister of Construction and Transportation shall be deemed the boarding experience of aircraft under the provisions of Article 29 (2).

On the other hand, Article 29 of the former Aviation Act is as follows.

Article 29 (1) Any person who desires to obtain certification of qualification shall pass the course test and practical skill test conducted by the Minister of Construction and Transportation on the knowledge and abilities necessary for engaging in air service, under the conditions as prescribed by the Ordinance of

(2) Where the Minister of Construction and Transportation restricts the certification of qualification by category, class or type of the aircraft (including the certification of instrument flights and flight instruction under the provisions of Article 34) under Article 28, he shall examine the flight careers, maintenance careers, etc. of the aircraft.

In such cases, the restriction on the initial certification of qualification for the category and class may be examined by conducting a practical examination.

2...

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