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(영문) 부산지방법원 2014.09.25 2014고정3107
해양환경관리법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation operating maritime cargo and underwater equipment, etc., and Defendant A is an employee of the Defendant Co., Ltd. who is on board as the head of Busan Ship C (138 tons).

1. Although Defendant A was prohibited from discharging pollutants from a ship into the sea, the Defendant, at around 08:30 on April 22, 2014, at around 50 meters prior to the ship’s ship located at the port located at the port located at the Busan Seocheon-gu, Busan, and at around 50 meters prior to the ship’s ship located at the port located at the engine engine oil tank, transferred approximately 300 liters of fuel oil stored in the engine engine oil tank to the service tank, and at around 08:40 on the same day, he could stop the pump operation by transferring around 300 liters via the service tank at around 08:40 on the same day, but at least 20 liters of light oil flow flow into the sea through the external deck, contaminated the sea around 50 meters in length and about 15 meters in width.

2. The Defendant Company committed the above violation at the time and place specified in Paragraph 1, D, an employee of the Defendant, in relation to the Defendant’s work.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the occurrence of the case;

1. Full certificate of registered matters, and certificate of ship's nationality;

1. Application of photographic Acts and subordinate statutes violating the Marine Environment Management Act;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 127 subparag. 2 and Article 22(1) of the Marine Environment Management Act; selection of fines

(b) Defendant Company: Articles 130, 127 subparag. 2, and 22(1) of the Marine Environment Management Act

1. 70,000 won for each fine to be suspended;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act (the daily calculation amount: 100,000 won);

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the first offender who is a defendant A and crew members have immediately completed pest control work);

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