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(영문) 광주지방법원 순천지원 2018.12.24 2018고정415
공유수면관리및매립에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of the ship B (339t) at the time of credit.

1. No person shall abandon or neglect a ship on public waters without good cause;

Nevertheless, from September 22, 2017 to July 27, 2018, the Defendant neglected the above vessel without permission on the adjacent co-owned waters of Gojin-gun, Chungcheongnam-gun.

2. A person who has been ordered by the management agency of public waters to remove ships neglected because he/she is deemed likely to impede the efficient use of public waters and cause water pollution shall comply therewith;

Nevertheless, the Defendant did not comply with the removal order issued on September 25, 2017 and on October 18, 2017, by neglecting B without permission as referred to in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes, such as an order to remove ships left on public waters;

1. Article 62 subparagraph 1 of the Act on the Management and Reclamation of Public Waters and Articles 62 and 62 subparagraph 3 of the Act on the Management of Public Waters (the neglect of ships on public waters), Article 64 subparagraph 1 of the Act on the Management and Reclamation of Public Waters, and Article 6 (1) (the non-compliance of an order issued by the management authority of public waters) of the Act on the Management of Public Waters and Reclamation, and the selection of fines;

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

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment shall be determined as ordered by taking into account the following factors: (a) some of the circumstances leading up to the instant crime; and (b) the Defendant followed the closure vessel’s procedure with respect to the instant vessel at latest.

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