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(영문) 광주지방법원 목포지원 2017.05.19 2017고정205
해양환경관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of the limited liability company B, and Defendant B is the management company of the ship and crew, and the Defendants entrusted the management of two Chinese fishing vessels (C, D, and D) located in the exclusive economic zone around May 3, 2016 from the hiversary coast guard letter, and was in charge of the above vessel at the front of the F, located in the Southern-gun E from around April of the same month.

1. No person who is a defendant A shall discharge pollutants from a ship into the sea;

Nevertheless, at around 11:30 on May 19, 2016, the Defendant took measures to stop with ships in preparation for sled water.

In addition, the negligence that the above C did not take such action and caused approximately 18 liters of light oil in the above C to leak it to the neighboring sea through the underground set.

2. Defendant B had Defendant B, at the time, place specified in paragraph (1), and had A, a representative, engage in the same conduct as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the entrustment management of Chinese fishing vessels (two vessels, such as C, etc.) violating the Marine Environment Management Act, notification of the conclusion of a management service contract for the entrustment of the Chinese fishing vessel in 2016, and a copy of a certificate of all registered matters, in relation to the violation of the Marine Environment Management Act;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 127 subparag. 2 of the Marine Environment Management Act and Article 22 subparag. 1 (Selection of penalty) of the same Act;

(b) Defendant B limited company: the main sentence of Article 130 and Article 127 subparag. 2 of the Marine Environment Management Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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