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(영문) 광주지방법원 목포지원 2017.02.28 2016고정555

해양환경관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a manager (one person, hereinafter referred to as “one person”) of Younggun-gun Ship C (813 tons) at the sea in front of the 61st mix of the “boo-gun wharf for Magpo-gun, Nam-gun, Eup, Maok-gun.”

In spite of the fact that no one discharges pollutants from a ship into the sea, the Defendant discharged to the neighboring sea by using the diving pumps installed on August 2, 2016, approximately 600 L, the sum of “new oil from the fuel tank connection pipe and ballast tank connection pipe,” and sea water mixed with sea water in the ship, and discharged 600 L, which was located on the ship, into the sea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to the business in question, which shall be held by the Corporation;

1. Notification of detection of ships violating the Marine Environment Management Act (C);

1. Application of Acts and subordinate statutes to photographs after confirming the collection of photographs and pollutants at the time of detection;

1. Article 126 subparagraph 1 of the relevant Act and Articles 22 (1) of the Management of the Marine Environment by which punishment is selected for facts constituting an offense;

1. Article 70(1) and Article 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;