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(영문) 부산지방법원 2019.06.24 2019고정409
선박의입항및출항등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a de facto owner of dredging boat B (pump construction machinery, 3,500 mast).

If the Minister of Oceans and Fisheries deems it necessary for the efficient operation of a trade port, he/she may order the ships located in the water zone, etc. of the trade port to move to a designated place.

The Defendant, from the US on December 12, 201 to November 7, 2018, did not comply with the order of movement without good cause, even after receiving the letter sent on September 28, 2018, that “to take measures to move outside the port boundaries or to any place that does not impede the operation of the port” three times or more by the chief of a regional maritime affairs and fisheries office for the efficient use of the trade port.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written accusation;

1. Mail, notice, official document of the order to move, documentary evidence, photograph, etc.;

1. Application of investigation reports (examination of the application of dredging ships registered as construction machinery-related Acts and subordinate statutes);

1. Article 56 of the relevant Act on Criminal Facts and Article 56 subparagraph 6 of the Act on the Arrival, Departure, etc. of Ships through which Punishment is elective, and Selection of a fine;

2. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (when a sentence of suspension of execution of punishment is invalidated or revoked, the time a fine is not paid).

3. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) appears to have led to the confession of the instant crime and the attitude against the Defendant.

There are some points in the situation of the occurrence of this case, such as neglecting inevitably the vessel listed in the facts constituting the crime, which cannot be abandoned due to provisional attachment by the E-Mutual Aid Association.

The defendant is not sufficiently capable of living due to his old age.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.

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