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(영문) 창원지방법원 통영지원 2014.07.25 2014고정220

해양환경관리법위반

Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 1,800,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendant: (a) collected a hole in a hole in the sea bed near Gyeyang-si in Ansan-si; and (b) stored a log raft in a hole with no productability attached to a hole while screening, etc.; and (c) disposed of wastes from a vessel by dumping it into the Defendant’s hole bed and around the sea near the bed and at around 20:00 on March 24, 2013.

2. The Defendant: (a) collected a hole in a hole in the sea near Gyeyang-si in Busan-si; and (b) stored a log raft in a hole with no productability attached to a hole while screening, etc.; (c) disposed of it on May 17, 2013, at around 17:00, at the Defendant’s hole located in the D branch line in the C branch line, and discharged wastes from the ship. < Amended by Act No. 11888, May 17, 2013>

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to photograph civil petitions E;

1. Article 127 subparagraph 1 of the Marine Environment Management Act and Articles 127 and 22 (1) of the same Act and the selection of fines for the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dumping at sea of the holes of the sentencing reasons of Article 334(1) of the Criminal Procedure Act of the provisional payment order into the sea is an act of dumping marine organisms at one of the spectrum between “re-returning marine organisms to the sea” and “to throw away food and plant garbage into the sea.” In the case of the instant crime committed by the Defendants, even according to the Defendants’ statement, Defendant A was committed for about 45 days, and Defendant B was dumped into the sea for about 15 days, and as such, there is a high possibility that considerable parts of corruption has already occurred at the time of dumping, it is evaluated as an act committed on the side of “vegetable garbage” rather than on the side of the “vegetable garbage” and thus, it is likely to pollute the marine environment.