beta
Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a ship manager belonging to the "B" and is a person in charge of the management of C (4 crew members, such as port registry, 251 ton, tugboat, and boarding crew).
The owner of a ship or a ship manager shall have an engineer (class 5 mate, class 4 engineer officer, and class 5 engineer officer) meeting the standards for service on board the ship's personnel, taking into account the navigation area, size, use, output of a propelling engine (not less than 20 tons of a ship, not less than 3,00 km of a main engine), and other matters concerning the safety in navigation of a ship.
Nevertheless, on October 15, 2015, the Defendant: (a) sailed from the above tugboat at the wharf of 06:0 on October 15, 2015 at the port new port of port of 06:0,00, and had the fleet sail at the port of 06:40 on the same day only at the port of 06:40 on the same day, and did not have the 5th classical engineer working on board in accordance with the ship’s personnel’s service standards.
However, according to the records, since the head of agency with the third engineer's certificate was on board G (the initial indictment is prepared on the premise thereof) the whole written indictment of this case and the written application for permission for changes of indictment, it is obvious that it is a clerical error of the "class 5" engineer, and it is corrected.
The engineer was not on board.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. A written statement;
1. Application of the Acts and subordinate statutes governing the arrest of ship personnel;
1. Relevant legal provisions concerning the facts constituting a crime, and Articles 27 subparagraph 5 and 11 (1) of the Act on the Selection of Ship Personnel and Articles 11 of the Act (Selection of Penalty) of the same Act;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;