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(영문) 대구지방법원 포항지원 2016.06.01 2016고정81
선박직원법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a ship manager of the Dong New Shipping Co., Ltd. to be a ship manager of the Dong New Shipping Co., Ltd. (4 crew members, etc. of B (port loading, 240 tons, towing, and boarding crew).

Where the navigation area (not less than 200 tons), size (not less than 200 tons), use, and output of a propelling engine is at least 3,000 kis of the main engine, the owner of the ship or the ship manager shall have the engineers meeting the standards for service on board the ship's personnel, taking into account matters concerning safety in navigation of the ship.

Nevertheless, on November 10, 2015, the Defendant: (a) departing from the wharf of 08:0 on November 10, 2015 at the port of 08:00 to the wharf of a new port; (b) opened the cargo ship C at the wharf of a new port; and (c) performed a port until the arrival at the wharf of 10:00 on the same day, the Defendant did not have a 5-class engineer who meets the standards for service of ship personnel on board the said vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on ship documents (ship nationality certificates, ship inspection certificates, crew list, etc.);

1. Relevant legal provisions concerning the facts constituting a crime, Article 27 subparagraph 5 of the Ship Personnel Act and Article 11 (1) of the Act, the selection of a fine, and the selection of a fine;

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;

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