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(영문) 광주지방법원 순천지원 2018.02.08 2017고정328
해양환경관리법위반
Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A At the time of leisure, he was employed as a temporary captain of the ship D (29 tons) of the same paragraph, and managed the above ship. Defendant B is the actual owner of the above ship.

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

Defendant

A From March 17, 2017, from around 07:00 on March 17, 2017, the sea water flowed out of the fish hold due to the collision of the vessel mooring at the landing place in the north-do, Yang Ho-gun, Chungcheongnam-gun, Jung-gun, and the sea water was discharged into the sea using the underwater pumps.

In such a case, the discharge of all sea water is also discharged from the sea water, so it is not necessary to leave the site so that the underwater pumps can be suspended before the discharge of the marine water.

Nevertheless, due to the negligence of neglecting this and leaving the site, Defendant A revised the accurate amount of the DNA room in around 07:15 on the same day as a crime acknowledged by evidence that could not be known.

However, the approximate outflow amount recognized by witness E's testimony was considered in sentencing.

1 3 meters wide and 50 meters wide and 50 meters wide and 5 meters wide in length have been discharged into the sea.

2. Defendant A, an employee of Defendant B, committed the act as referred to in the above 1. Paragraph (1) with respect to Defendant B’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Article 127 Subparag. 2 and Article 22(1) of the Marine Environment Management Act; Defendant A who selects a fine: Articles 130, 127 Subparag. 2 and 22(1) of the Marine Environment Management Act;

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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