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(영문) 전주지방법원 군산지원 2014.01.23 2013고정726
해양환경관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From February 20, 2013, the Defendant, as the first class mate B (2,484 tons) of the general cargo ship at Jeju, was landed on May 3, 2013, and was landed on May 3, 2013.

When intending to discharge unminted food wastes, which are wastes generated during the navigation and anchorage of ships, they shall be discharged into the sea area of at least 12 nautical miles from the baseline of territorial sea.

(Article 8 subparag. 2 and attached Table 3). 1. On March 22, 2013, the Defendant discharged food wastes (within approximately 15.7 nautical miles from the baseline of the territorial sea) at approximately 21 nautical miles (within 34.12 degrees north latitude, 127.41 minutes north latitude, east longitude, and 15.7 nautical miles from the baseline of the territorial sea, 0.02 cubic meters (20km).

2. On April 9, 2013, around 18:00, the Defendant discharged food wastes at approximately 3.7 nautical miles (within approximately 35°57 degrees north latitude, 126°17 minutes East longitude, and approximately 24 nautical miles from the baseline of the territorial sea) on the 18:06 cubic meters (within 60km) south-dong, south-dong, south-dong, south-do.

3. On April 16, 2013, around 16:00, the Defendant discharged food wastes at approximately 25 nautical miles (within approximately 1.4 nautical miles from the baseline of the territorial sea) in the east 25 nautical miles (within 33.59 degrees north latitude, 127.50 degrees east longitude, 127.50 degrees east longitude, and 1.4 nautical miles from the baseline of the territorial sea).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Notification of detection of a vessel violating the Marine Environment Management Act (B);

1. A waste discharge register;

1. Application of Acts and subordinate statutes on report on internal combustion (a document attached to the regulations on disposal of dysium emitting places of food wastes and food wastes);

1. Article 127 subparagraph 1 of the Marine Environment Management Act and Article 22 (1) of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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