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(영문) 광주지방법원 순천지원 2016.05.04 2016고정89
해양환경관리법위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the master of the ship C(115 tons) of the port port fishing vessel for the port of the port of loading of female water.

Defendant

B is the owner of the above vessel.

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

1) On September 20, 2015, at around 17:42, Defendant A, at the port of 3:42, the complete course located in Ydondon Eup, also contaminated the sea where the vessel’s container was flown out of the sea (20 meters in length, 200 meters in width) due to the negligence of neglecting and managing the storage container on the deck of the said vessel, which was under custody at the port of the said vessel, due to the negligence of neglecting the storage container on the deck, and caused the collision to the extent that the vessel’s container fell short of the balance, and the vessel’s container flown at sea (2 meters in length, 200 meters in width).

2) Defendant B’s employee (1) Defendant A engaged in the above conduct in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Reporting on the arrest of the case, the occurrence of marine pollution and the completion of pollution response;

1. Application of Acts and subordinate statutes to each investigation report (as to the attachment of ship documents, such as a copy of a fishery permit card, and as to the summary of suspect A statements);

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

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: Article 334(1) of the Criminal Procedure Act

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