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(영문) 서울중앙지방법원 2016.04.08 2016고정364
해양환경관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the agency of the B(76 tons) passenger ship B(76 tons) of the Do Do Do Do Do Do Do Do Do

1. No person shall discharge pollutants from a ship into the sea;

Nevertheless, on September 4, 2015, the Defendant contaminated the sea by discharging approximately KRW 500 liters of the low-water water, which was located at the engine bottom located in B, which was sailing due to a small difficult map from the Dodododododododododododododo on September 4, 2015, using diving pumps, into the sea over approximately 7-8 minutes.

2. No person shall install, maintain or operate any oil pollution prevention facility, other than the standards determined by the Minister of Oceans and Fisheries;

Nevertheless, on September 4, 2015, the Defendant installed and operated a diving pumps, other than oil pollution prevention facilities, and maintained diving pumps until July of the same month in order to discharge the oil low-water generated around 12:20 on September 4, 2015 into the sea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the outbreak of stone in violation of the Marine Environment Management Act;

1. Application of Acts and subordinate statutes to evidential video data violating the Marine Environment Management Act;

1. Article 126 subparagraph 1 of the relevant Act, Article 22 (1) of the Marine Environment Management Act (the occupation of discharging pollutants and the selection of fines), Article 129 (2) 3, and Article 26 (3) of the Marine Environment Management Act (the occupation of maintaining equipment for preventing the pollution of non-standard oil and the selection of fines) concerning facts constituting an offense;

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

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