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(영문) 부산지방법원 2014.12.18 2014고단8328
해양환경관리법위반
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the captain of a D(460 tons) (hereinafter referred to as “emergency ship”) who is in charge of navigation and safety management.

On February 15, 2014, around 13:59, the Defendant: (a) mooring on the port side of the water tank E (hereinafter referred to as “cargo”) at the port port N-5 funeral area in Busan (hereinafter referred to as “cargo”); and (b) mooring on the port side of the water tank; and (c) spreading the fuel oil, the weather has deteriorated; and (d) mooring on the water tank.

At the time of mooring, the vessel was towed by external power, such as tide, and the water was affected directly by wave, and the water was at least 3 meters long, so the captain who takes the water was obliged to move the water to the center of the cargo by using the back engine without unfringing the mooring line connected to the stern of the water tank, and there was a duty of care to ensure that the stem part of the water tank of the water tank is not seized to the aft of the cargo line.

Nevertheless, the defendant, while the troke is not sufficiently moved to the center part of the cargo line, almost all the mooring lines of the fore and the stern of the fore and the fore and the fore and the fore and on the same side, so that the fore and on the same side the fore and the fore and off the fore and off the fore and off the fore and off the fore and damaged the fore and off the fore and offe and the fore and off the fore and on the fore and under the fore and the fore part of the fore and the fore

As a result, the Defendant caused the pollution of neighboring sea by discharging oil (miter oil) in a cargo tank (miter oil) 237,076L in the cargo tank.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. A protocol of suspect examination of G police officers;

1. Each police statement on H, I, J, K, L, M, N,O, and P;

1. A written ruling and a written ruling of leakage calculation;

1. Application of each statute on photographs;

1. Article 127 subparagraph 2 of the Marine Environment Management Act and Articles 127 and 22 (1) of the same Act concerning the selection of criminal facts;

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