수상레저안전법위반
The defendant's appeal is dismissed.
Costs of lawsuit shall be borne by the defendant.
1. Summary of grounds for appeal;
A. The fact-finding shared waters is a space that can be freely used by the general public, and it is unreasonable to operate a water leisure business even if the Defendant has a place of business in a private land, not a shared water surface, but a permit for the occupancy or use of the shared water surface is obtained, and it does not obtain the permit for the occupancy or use of the shared water surface even if the Defendant had a place of business.
Although it is unreasonable to interfere with the maintenance of livelihood activities, the judgment of the court below which found the defendant guilty is erroneous.
B. Sentencing (the sentence of the lower court: a fine of three million won)
2. Determination
A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court.
As to this, the court below held that the defendant has a place of business in private land.
As long as public waters are occupied or used, matters concerning permission to occupy or use public waters pursuant to the Water Leisure Safety Act should be registered with the head of the competent maritime safety guard office, and thus, guilty of the facts charged in the instant case.
Examining the judgment of the court below closely by comparing the record with the record, the above judgment of the court below is just and acceptable, and there is no violation of law by mistake of facts as alleged by the defendant.
Defendant
The argument is without merit.
B. As to the unfair argument of sentencing, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.
As in the instant crime, the Defendant had been punished once due to the violation of the Water Leisure Safety Act by running the water leisure business without registration, and the Defendant committed the instant crime even if he/she was punished as a violation of the Water Leisure Safety Act, and the Defendant consistently.