logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.01.19 2017노1203
항공보안법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. With respect to the violation of official instructions by misunderstanding the legal principles, crew F and G (hereinafter “F”) shall report to the captain, and there was no fact that the captain delegated the Defendants with the authority to give the same instructions as those stated in the facts charged before presenting the warning to the Defendants, and the Defendants did not comply with the direction of F, etc. after receiving the warning from F, etc.

Nevertheless, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of this part of the facts charged, thereby affecting the conclusion of the judgment.

B. As to the act of disturbance on an aircraft mistakenly erroneous in fact, the Defendants did not commit any disturbance like the facts charged, and only attempted to point out the crew's unfair treatment, and did not intend to avoid any disturbance on the aircraft.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

(c)

In light of the various sentencing conditions of this case, the sentence that the court below sentenced against the Defendants (the Defendants: the fines of two million won for each of the Defendants) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of misunderstanding the legal principles, Article 10(2) of the Aviation Security Act provides that aviation transport business operators shall establish their own security plans in accordance with the national aviation security plan, and accordingly C Co., Ltd. shall establish and implement its own security plan, and Article 7.1.8 of the above security plan provides that "the head, etc. shall conduct joint Bring with crew members prior to the operation of an aircraft in order to secure the security and safety of an aircraft," and subparagraph (m) of the same paragraph provides that "the authority and responsibility of crew members in the event of an unlawful interference" shall be included in joint brping.

arrow