2018Do11014 Violation of Marine Environment Management Act

1-. A

2. B

0 3

4. Daehan:

Defendants

Law Firm Young Sea (Attorney Seo-gu et al., Counsel for the plaintiff-appellant)

(For the Defendants)

Daegu District Court Decision 2017No5222 Decided June 22, 2018

June 13, 2019

All appeals are dismissed.

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court affirmed the first instance judgment that found the Defendants guilty of the facts charged. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations in its judgment, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the offense of violation of the jurisdiction and the Marine Environment Management Act.

In addition, the lower court’s assertion that there was an error in violation of the rules of evidence and incomplete deliberation as to the application of Article 127 of the Marine Environment Management Act constitutes an allegation of unfair sentencing. However, under Article 383 subparag. 4 of the Criminal Procedure Act, in a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, a final appeal on the grounds of an unfair sentencing is allowed. Therefore, in this case where the Defendants were sentenced to

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-soo

Justices Kim Jong-il

Chief Justice Lee Ki-taik,

Justices Park Il-san