유선및도선사업법위반
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the defendant of the charges of this case on the ground that the facility of the excursion ship station prescribed in the Excursion Ship and Ferry Business Act does not have fixed or regular requirements for the facility of the excursion ship station. However, the court below erred by misapprehending the legal principles and misunderstanding the facts.
2. The summary of the facts charged is the person who operates the Scoober shop in the name of "F" in Ulsandong-gu E.
A person who intends to operate an excursion ship business at sea shall report to the chief of the competent coast guard station.
Nevertheless, the Defendant did not report to the chief of the Ulsan Coast Guard on July 13, 2014, and received 20,000 won per capita in terms of air charge and freight from four scoodabura club E in Ulsan-dong-dong, Ulsan-gu, U.S., and carried out an excursion ship business up to approximately 200 meters at sea of the E-dong bank, a place where he was scood in rubber boats (0.33 tons, 70 mast, and e-ray).
In addition, around 07:00 on July 13, 2014, at the above place, the excursion ship business was carried on by the six members of the Scuaberasa club at the above method, and the E-dong bank, which is a place for ice ice, up to 50 meters away from the E-dong bank.
3. The judgment of the court below is that the person who intends to operate an excursion ship business shall obtain a license from the competent authority or report to the competent authority on the scale of the excursion ship/ferry or the business territory prescribed by Presidential Decree (Article 3 of the Excursion Ship and Ferry Business Act). Meanwhile, the term “excursion ship business” means a business with excursion ships and the excursion ship wharf, which is engaged in leasing a ship or boarding a ship for fishing, sightseeing, or other amusement on the water and is not subject to the application of the Marine Transportation Act
(Article 2 Subparag. 1 of the same Act). In order to be convicted of the facts charged in the instant case, the Defendant has ① excursion ships and the excursion ship wharfs, ② cabling, sightseeing, and other matters on the water.