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(영문) 광주지방법원 순천지원 2017.05.26 2016고정435
공유수면관리및매립에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000 and by a fine of KRW 1,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is an operator of the loading engine D (total of 339 tons, steel) at the time of leisure.

Defendant

B(Representative E) is a corporation established for the purpose of maritime tourism business and is the owner of the ship.

1) Defendant A

(a) No person shall abandon or neglect a ship on public waters without good cause;

Nevertheless, from February 28, 2013 to April 16, 2016, the Defendant neglected the above vessel on the public waters in the vicinity of the Heungjin-gun.

(b) A person who has been ordered by the management agency of public waters to remove abandoned ships due to the possibility of undermining the efficient use of public waters and water pollution shall comply therewith;

Nevertheless, the defendant around January 28, 2016 and the same year.

2. Around 22: (a) the vessel was ordered to be removed on two occasions from the number of Goung-gun-gun, but did not comply therewith.

2) Defendant B, who is the Defendant’s employee, committed the same act as “A” and “B” with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on investigation reporting;

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

(a) Defendant A: Article 62 Subparag. 1, Article 5 Subparag. 3, Article 64 Subparag. 1, and Article 64 Subparag. 1, and Article 66(1) of the Act on the Management and Reclamation of Public Waters; Selection of fines

(b) Defendant B: Articles 65, 62 subparag. 1, 5 subparag. 3, and 64 subparag. 1, and 6(1) of the Act on the Management and Reclamation of Public Waters

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334(1) of the Criminal Procedure Act

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