(영문) 부산지방법원 2019.09.20 2019노400 | 리걸엔진

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(영문) 부산지방법원 2019.09.20 2019노400

해양환경관리법위반

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The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below found the defendant not guilty of the facts charged of this case on the sole basis of the judgment of the Central Maritime Safety Tribunal and the mere abstract and the Korean Maritime Safety Tribunal. Such judgment of the court below is erroneous in the misapprehension of facts

2. Determination

A. The summary of the facts charged in the instant case is the person who served as the captain of the ship B (13 gross tons, maximum seating capacity 33) with the registry of Busan.

No one shall discharge pollutants from a ship into the sea.

Nevertheless, around 10:50 on June 7, 2017, the Defendant operated B for departure from the port of Busan Main Customs Office located in Jung-gu, Busan, and caused the shock on the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port.

In the end, around 05:23 on June 8, 2017, after sinking C while mooring at the same place, approximately 90 liters loaded inside the ship leaked to the neighboring sea, and the sea around the sinking was contaminated by about 20 meters.

B. The lower court determined as follows: (a) according to the evidence submitted by the prosecutor, the body of the C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

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