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(영문) 부산지방법원 2018.08.22 2018고정1019
선박의입항및출항등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 19, 2018, the Defendant was the captain and the captain of B (line 149 tons) and was the person in charge of loading and unloading dangerous substances. On February 19, 2018, around 20:0, the Defendant did not keep a plan for self-safety management of loading and unloading of dangerous substances approved by the Busan Regional Maritime Affairs and Fisheries Office at B on the 65 tons of dangerous substances to C, a foreign-registered vessel at anchor 2:0,000,000 from the Busan Regional Maritime Affairs and Fisheries Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Arrest report of a person who violates the Act on the Arrival, Departure, etc. of Ships (in full view of evidence, the defendant is considered to have stored the safety management plan for loading and unloading of dangerous substances in the B office outside the B site.

Nor is in custody of the documents on the site B.

Even if the above documents are not approved by the head of Busan Regional Maritime Affairs and Fisheries Office, it is not a legitimate document required by the law, and criminal facts of the judgment are fully recognized.

Application of Statutes

1. Subparagraph 6 of Article 55 and Article 35 (1) of the Act on the Arrival, Departure, etc. of Ships under the relevant Act on Criminal Facts, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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