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(영문) 청주지방법원 영동지원 2016.06.23 2016고단12
수상레저안전법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From April 2015, the Defendant is operating a business entity called “D” in the vicinity of C, in which it is impossible to conduct a water leisure business on the grounds of water supply source protection, etc., and is operating a business, such as burning customers who intend to receive fees and engage in water leisure activities into a water leisure craft.

Any person who intends to operate a business lending a water leisure craft or a business carrying persons engaged in water leisure activities on the water leisure craft shall register with the competent authority.

The defendant from June 2015 to the same year

8. Until the end, the above C waters did not register the pertinent “D” with the competent authorities, and had been engaged in aquatic leisure business by collecting charges from approximately KRW 10,00 to KRW 25,00 at one time from customers who found the said “D”, and by carrying out her mother boats and water skiings, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. Each investigation report (the sequence 9,18 of the evidence list);

1. Application of Acts and subordinate statutes to field photographs and books photographing photographs;

1. Article 56 of the relevant Act concerning the facts constituting an offense and subparagraph 1 of Article 56 of the Act on the Safety of Water Leisure Eligible for the Punishment, and Article 39 (1) 2 (Selection of Penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the time when the defendant committed the instant crime, and his mistake is divided, and there was no record of the crime subject to punishment heavier than the fine.

In addition, the existing level of punishment for the cases similar to the sentencing conditions revealed in the trial process of this case shall be determined as per the disposition in consideration of the two cases.

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