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(영문) 창원지방법원 통영지원 2020.02.18 2019고정288

해양환경관리법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a C Used Facility in Tong Young-si B.

No person shall discharge pollutants generated in places prescribed by Presidential Decree, such as marine facilities, bathing beaches, and downstream areas, into the sea.

Nevertheless, on May 11, 2019, from around 09:00 to 09:05 on the same day, the Defendant had engaged in a smoke-based dP (FRP) operation on the part of the ray F (4.94 tons) at the E-ray station located in the E-ray located in Tong-si.

In such cases, the Defendant has a duty of care to prevent the FRP smoke from being scattered on the sea adjacent to the sea by taking preventive measures, such as putting the FRP smoke in a fRP, using a stormer.

Nevertheless, the Defendant contaminated the sea of approximately 130cm in length, about 10cm in width, and about 0.1cm in width, and about 0.1cm in quantity, which occurred while the Defendant was engaged in a smokeing work of approximately 0.1cm in length on the adjacent sea through the bomb of the dust. The Defendant contaminated the sea of approximately 3m in length and about 3m in width.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Arrest report of a person who violates the Marine Environment Management Act;

1. Application of Acts and subordinate statutes concerning documentary evidence collection in violation of the Marine Environment Management Act;

1. Article 128 subparagraph 1 of the relevant Act and Articles 128 and 22 (2) of the Marine Environment Management Act, the selection of fines concerning facts constituting an offense;

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

1. To consider the scale of discharge of pollutants with reason for sentencing under Article 334(1) of the Criminal Procedure Act and the degree of negligence of the defendant in relation thereto;