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(영문) 광주지방법원 목포지원 2017.02.17 2016고정602
선박직원법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is the head of the agency of D (69 tons) which is a fishing vessel of the port of loading at the time of booming, and the defendant B is the owner of the above vessel.

1. The Defendant, at around 11:20 on September 24, 2016, operated the said vessel without obtaining a navigational license from the Minister of Maritime Affairs and Fisheries from around 25 meters from the 5 wharfs at the landing point of the North Korean port from the 11:25 on the same day to the mooring point near the landing point of the North Korean port at around 11:25 on the same day.

Accordingly, the defendant served as a ship's personnel without obtaining a marine engineer license from the Minister of Oceans and Fisheries.

2. Defendant B had Defendant B work on board in a manner that, at the time and place specified in paragraph 1, Defendant B had a person without a license to operate the said ship.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to inquire about photographs, the minimum service standard table of ship personnel, and the license for articles of sea year, as at the time of detection;

1. Relevant legal provisions and the Defendants’ choice of punishment for the facts constituting the crime: Articles 27 subparag. 2 and 4 (1) of the Ship Personnel Act (Appointment of penalty) of the same Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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