2. The instant crime on the grounds of appeal reveals that: (a) the Defendant, who engages in dredging business, when moving the dredging vessel through the Nakdong River, sunken the said vessel to the Nakdong River by his fault in the management of the pipe of the said vessel, and leaked oil into the Nakdong River which is a public waters; (b) there is a need to strictly punish the instant act in light of the legislative intent of the Act on the Conservation of Water Quality and Aquatic Ecosystem for the purpose of preventing harm to public health and environment caused by water pollution and properly managing and preserving the water quality and aquatic ecosystems of public waters, such as rivers, lakes and marshes; (c) there is the power of the Defendant punished for the same kind of crime; and (d) there is an unfavorable circumstance, such as the Defendant’s failure to salvage the said vessel.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime; and (c) the Defendant made efforts to take pest control measures after receiving the report of the occurrence of the accident; and (d) the amount of oil leaked due to the instant crime does not seem to exceed the amount; and (b) comprehensively taking into account all the sentencing conditions in the instant records and arguments, including the Defendant’s age, character and conduct, family relationship, and circumstances after the instant crime

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.