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(영문) 부산지방법원 2016.06.15 2016고정1276
해양환경관리법위반
Text

Defendant shall be punished by a fine of 6 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is the head of the agency designated as the marine pollution manager, who has overall control over the maintenance, etc. of engine C (C, 6,557 tons, hereinafter referred to as the “instant vessel”) of Pakistann nationality sea c (hereinafter referred to as “instant vessel”).

No one may discharge pollutants from a ship into the sea, but the ship of this case, which loaded fish into the sea from the ship of this case from the ship of this case on October 9, 2015 after departing from the port of the north America Amera Amera, and was sailing through a reduced river located in the Gu of Busan, Busan, and operated a separate water pipe for discharge of oil mixtures (waste oil and sea water mixtures) so that the ship of this case could not dispose of oil mixtures generated from the ship's engine room, the defendant ordered 1st engineer D to ship oil excreta into the sea, and D to ship oil discharged from the mobile tank of this case from the mobile tank of this case from 11:40 on November 17, 2015 to 11:0 on the same day.

Accordingly, the defendant discharges oil from a ship jointly with D.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Part of the statement made in the second examination of the suspect against the defendant, or the protocol concerning the examination of the suspect of D, on the second examination of the suspect;

1. Each police statement made to E and F;

1. Each statement (including some translations) of G, A, D, H, E, I, J, K, L, M, or N;

1. C Reporting on the discharge of illegally borrowed land;

1. On-site documentary evidence photographs, C-site verification photographs, and documentary evidence and drawings;

1. A list of crew members on board and a copy of a port stay;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 126 subparagraph 1 of the relevant Act and Articles 126 and 22 (1) of the Management of the Marine Environment by which punishment is selected for facts constituting an offense, Article 30 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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