해양환경관리법위반
Defendants shall be punished by a fine of four million won.
The Defendants did not pay each of the above fines.
Punishment of the crime
Defendant
A is a person who goes on board as a captain of the fishing vessel C(4.98 tons) of the Goung-gun's shipment.
Defendant
B is the owner of the above C.
1. No person who is a defendant A shall discharge pollutants from a ship into the sea;
Defendant
A on August 15, 2015, at around 09:00, at the water depth in the port of Yangyang-gun, Doyang-gun, Doyang-gun, at the time of repair, and neglected to check the safety of the ship.
과실로 인하여, 같은 달 18. 12:00 경 C가 간 조시 오른쪽으로 기울려 뻘 속에 파묻혀 만 조시 침수되면서 연료탱크에 보관 중이 던 경유 약 30리터가 유출되어 길이 20m, 폭 3m 가량의 인근 해상을 오염시켰다.
2. Defendant A, an employee of Defendant B, committed the above acts with respect to Defendant B’s business.
Summary of Evidence
1. Defendant B’s legal statement
1. A protocol concerning the examination of suspect of the defendant A;
1. Application of Acts and subordinate statutes to a report on investigation (as to the attachment of photographs after the scene), on-site inspection, and photographs;
1. Article 127 subparagraph 2 of the Marine Environment Management Act and Article 22 (1) of the same Act, and Article 130 (main sentence), Article 127 subparagraph 2 of the Marine Environment Management Act, and Article 22 (1) of the same Act;
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act is set upon Defendant A, taking into account the health of Defendant A (as to Defendant A’s last kidney heart), the relationship of criminal record, etc., and the degree of disability of Defendant B (as to Defendant B’s second degree), etc., the amount of fine equal to the disposition of the order should be determined.