Text
Defendant
A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 7 million.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
1. Defendant A is the head of an inshore fishing vessel C (72 tons) with a deep sea fishing vessel with a deep sea fishing vessel with a deep sea.
No one shall discharge pollutants from a ship into the sea.
Nevertheless, at around 07:00 on August 6, 2019, the Defendant discharged oil and waste water into the sea by means of using 83.5 liters, which is solid oil mixtures, at the bottom of the engine room of the E auction house at the sea above the E auction house at Seopopo City D.
Accordingly, the Defendant discharged oil (e.g. liquid oil mixtures) from a ship.
2. Defendant B is the owner of the vessel in the inshore fishing vessel C (72 tons) of Seogpoon coastal fishing vessels shipped.
The defendant, at the time and place specified in the above paragraph (1), committed the above violation against A, who is an employee of the defendant, in relation to his duties.
Summary of Evidence
1. Defendants’ respective legal statements
1. Situation report;
1. Notification of calculation of discharge quantities at sea related to C marine pollution;
1. Application of statutes on site photographs;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 127 subparag. 1 and Article 22(1) of the Marine Environment Management Act; Selection of fines
(b) Defendant B: Articles 130, 127 subparag. 1, and 22(1) of the Marine Environment Management Act
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: The following circumstances are comprehensively taken into account: (a) the amount of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act is not specified; (b) Defendant A has a number of identical criminal records; (c) Defendant A has completed pest control operations; and (d) the Defendants’ age, character and conduct, family relationship, environment, circumstances and consequences of the crime; and (c) the circumstances after the crime were committed.