beta
(영문) 부산지방법원 2020.12.17 2019노3685

해양환경관리법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the fact that only C’s fuel oil is similar as C’s fuel oil as a result of the analysis by the maintenance techniques of the gist of the grounds for appeal, and that C’s oil was detected at a place where oil is not detected, such as the ray emission valve of C, etc., the oil discovered at sea is leaked from C, and Defendant A’s negligence is committed against the outflow.

Nevertheless, the court below rendered a not-guilty verdict on all the facts charged on different premise. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is that Defendant A is the owner of the ship at Russia and is a corporation that employs Defendant A, who is the owner of the ship at Russia and is working on board as the head of c, 3,235 tons of the freezing Transport Line C (C, 3,235 tons, and 21 steering staff).

No person shall discharge pollutants into the sea on a ship, unless it discharges them into the sea;

1. Defendant A as the head of C, around 05:08 on May 30, 2018, at or around the 05:08, as the head of C, due to a marine pollution accident that occurred in the course of verifying the vessel due to a marine pollution accident near the Youngdo Coastal Sea (E). C on May 28, 2018.

5. 31. 15:30 Until December 15:30, 2000, while waiting for a tomb in Busan Southern Port N-3 Burial.

5. From 31. 16:30 to 16:30 to 17:0 to 17:00 to 17:0 of the same day, it is confirmed that marine pollution outflow oil and C's fuel oil are similar to those, as a result of collecting 66 vessels suspected of sailing or anchoring in the sea area affected by an accident other than the said vessel.

between 31. (i) 16:30 and 19.

6. up to 12.(L) up to 18:00, while checking the cargo hold and the engine room in a total of five times, the cargo hold No. 1-3, which ought to be lost, was found in the cargo hold No. 2 in the cargo hold No. 1-3, and the cargo exists in the pipe connected to the outer side of the cargo hold No. 8, and the brerere &G/S ballast pumps.