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(영문) 창원지방법원 통영지원 2014.12.23 2014고정510

해양환경관리법위반

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Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. A person who intends to dismantle a defendant A ship shall establish a work plan and report it to the chief of the competent maritime police station not later than seven days prior to the commencement of work, as prescribed by the Ordinance of the Ministry of Maritime Affairs and Fisheries

Nevertheless, on May 8, 2014, the Defendant did not report dismantling work at the front sea (the steel, the 75 tons of steel, the size of 28m in length x 8m in width x 1.5m in height x 1.5m in front of the E located in Tong-si on May 8, 2014.

2. Defendant B, an employee of the Defendant, neglected to exercise due care and supervision to prevent the same from committing a violation as described in the preceding paragraph.

Summary of Evidence

1. Notification as to whether to report the decommissioning of a ship;

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

1. Defendant A who is subject to relevant provisions of the Marine Environment Management Act and who is subject to punishment: Articles 129 (2) 14 and 111 (1) of the Marine Environment Management Act; Defendant A who is subject to a fine: Articles 130, 129 (2) 14 and 111 (1) of the Marine Environment Management Act; the selection of fines;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that ① the barge recorded in the facts constituting the crime as indicated in the judgment is not a ship, but the act of the defendant A constitutes a

Pursuant to Article 2 subparagraph 16 of the Marine Environment Management Act, the term "ship" means any vessel that is used or can be used for navigation above or below water (including any vessel with an outboard engine) and any fixed, floating drilling vessel, and platform prescribed by Ordinance of the Ministry of Oceans and Fisheries.

According to the above definition provision, it includes a ship that can be used for navigation, so there is no power-driven equipment.

Even if a power-driven vessel has a power-driven equipment, it is pushed or drawn.