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(영문) 제주지방법원 2018.05.30 2017고단3155
해양환경관리법위반
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1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2017, the Defendants were sentenced to a fine of one million won as a violation of the Marine Environment Management Act in the Gwangju District Court's Netcheon Branch on October 31, 2017, and the said judgment became final and conclusive on November 14, 2017.

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

The Defendant is the head of the Japanese government, which is a party to the International Convention on the Prevention of Pollution in Ships (Sips). The Defendant is the head of the 3,700t Class B C (hereinafter “instant vessel”) with the installation of excreta treatment equipment approved in the form on June 2, 2004.

[2] On April 7, 2017, at around 09:00, the Defendant operated a zone of 12 nautical miles from the baselines of the territorial sea from the Green Sea located in Goung-gun, with 207 passengers on board the instant vessel, and discharged excreta of passengers, who are pollutants, into the sea, by operating a valve at around 13:20 on the same day without operating the aforementioned excreta treatment device at around 111, Jeju-si, Jeju-si, so that foul waste flowing into the said device can be discharged into the sea as it is, without operating the waste treatment device at around 111 on the same day.

2. Defendant B (Representative D) discharged excreta from the ship to the sea at the time and place specified in paragraph 1, and Defendant A, an employee of the Defendant, discharged excreta from the ship to the sea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to E, D, and F;

1. G statements;

1. Calculation of the volume of wastewater discharged by sea;

1. Application of the BP Treatment Type No. C statute

1. Article 127 subparagraph 1 of the Marine Environment Management Act and Article 22 (1) of the same Act; Article 130, Article 127 (1) and Article 22 (1) of the same Act; Article 130, Article 127 (1) and Article 22 (1) of the Marine Environment Management Act;

1. Defendant A: Article 62(1) of the Criminal Act (see, e.g., Article 62(1)(i)(i.e., Supreme Court Decision 2009Da12488, Apr. 2, 2009).

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