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(영문) 제주지방법원 2013.10.23 2013고정723
해양환경관리법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

B The office work of P(29 tons) fishing vessel D(29 tons) is the ship owner at the time of Seopopopopoon, and the defendant A is the owner of D and the user of the defendant B.

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

1. From March 17, 2013, Defendant B performed the engine repair work after separating the hydrotension tank D (29 tons) from the port of Seopopopopopos to the port of Seopospospospospospospo from the port of Seopospospospos.

Since the above voltage tank was partially 2m (2m in diameter) due to corrosion, there was a duty of care to prevent the remaining oil pressure from being discharged into the sea as it is likely that the remaining oil will flow into deck.

Nevertheless, on March 19, 2013, the above Defendant neglected this and neglected the above hydrotension tank, and discharged approximately 0.3 liters of oil (oil pressure) to the sea ( approximately 5 meters in length, x 2 meters in width) by negligence, which did not receive prior confirmation of the fact that the lower part of the oil tank was scattered.

2. As to his duties, Defendant B, an employee, committed the same offense as that set forth in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Reporting on detection of ships in violation of the Marine Management Act, and photographs of D marine pollution scene;

1. Application of Acts and subordinate statutes, such as D ship documents;

1. Defendant B of the relevant Article on criminal facts: Subparagraph 2 of Article 127 and Article 22 (1) of the Marine Environment Management Act (Selection of Fine): The main sentence of Article 130, Article 127 subparagraph 2 of the Marine Environment Management Act, and Article 22 (1) of the same Act;

1. Defendants to be detained in a workhouse: Articles 70 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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