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A defendant shall be punished by imprisonment for six months.
However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is the owner and captain of a fishing vessel B (9.16 tons) in the complex coastal vessel B (9.16 tons) in the south-do.
On July 1, 2018, the Defendant: (a) inspected the safety conditions of B in comparison with the landing dealt with at the port at the port located in the port of 1:7, 18:30 of Ydo-gun, Ydo-Eup located in the southnamdo-do-Eup; (b) confirmed that the ship’s engine is mixed with oil pressure on the ship’s bottom, and contaminated the sea of about 40 meters prior to the port of 1:20 meters prior to the port of Ydo-gun-gun, Ydo-Eup; and (c) contaminated the sea of about 1:40 meters prior to the port of Ydo-Eup, which is mixed with oil pressure by operating the diving pumps installed in the engine room; and (d) contaminated the sea of about 7:5 meters prior to the port of Y.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs;
1. A loading certificate;
1. A fishing vessel inspection certificate;
1. Application of the Acts and subordinate statutes to notify the detection of ships (B) violating the Marine Environment Management Act;
1. Article 126 (1) and Article 22 (1) of the Management of the Marine Environment Act, the choice of punishment for a crime and the selection of punishment for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the degree of the sea contaminated is not that of the defendant's crime.
Although the Defendant was sentenced to a fine several times due to a crime violating the Marine Environment Management Act, the Defendant committed the instant crime again.
On the other hand, however, it is necessary to recognize, reflect, and not repeat the defendant's mistake.
There is no history that the defendant has been punished in excess of a fine.
In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.