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The accused shall disclose the summary of the judgment of innocence.
Reasons
1. The summary of the facts charged is that the Defendant, as the owner or captain of B (hereinafter referred to as “instant vessel”) a unregistered vessel, did not discharge pollutants from the vessel into the sea, the Defendant discharged 5 liters via a ship loaded on the sea and contaminated the sea by neglecting the inspection of the mooring of the instant vessel anchored at the landing point of the State-dong, Dong-dong, Dong-dong (hereinafter referred to as “instant vessel”) around November 17, 2016.
2. Determination
A. According to the evidence submitted by the prosecutor and the recording files containing the witness C’s statement among the third trial records, the Defendant, around March 2012, transported the instant vessel from Incheon to drifting it, which is the place where the vessel is sunken, to anchor at the Dong-dong wharf, which is the place where the vessel is sunken, can be acknowledged as follows: (a) the instant vessel is anchored at the above be anchored without anyone’s management; and (b) the vessel of this case is anchored at the above be anchored at the above landing site on the date specified in the facts charged.
B. The prosecutor instituted the instant prosecution on the premise that the responsibility for managing the instant vessel is the Defendant, and that the instant vessel was sunken due to the negligence in managing the Defendant.
In this regard, the circumstances acknowledged by the prosecutor and the evidence submitted by the defendant, i.e., ① the ship owner is registered and managed in the ship ledger in accordance with the Ship Act; thus, the person registered in the ship ledger, in principle, is responsible for the ship.
However, according to the fishing vessel registry (ship), the owner of the instant vessel was changed in order of E, F, G, H, and I after the change from the Defendant in the name D on October 10, 2012 due to sale and purchase around October 10, 2012. The ownership of the instant vessel was registered in the name of J at the time of the sinking of the instant vessel; and ② D purchased or exchanged the instant vessel to the Defendant.
"K", which is a ship operated by himself/herself around October 2012.