The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. In the crime of this case, the Defendant, the captain of the tugboat, did not grasp the conditions of the tugboat, weather conditions of the navigation period, and dangerous factors on the sea route, and had the barge anchor at a port other than a shielded to repair the tugboat while towing a non-powered barge. The Defendant’s negligence, which caused the barge to anchor in the strong wind, did not be negligible, and even if the barge lost its usefulness, damage equivalent to KRW 500 million was caused by the loss of its ship, the damage therefrom did not be recovered, and the Defendant committed the crime of this case 23 times, which is disadvantageous to the Defendant.

On the other hand, the Defendant appears to have been unable to leave a barge early at narrow intervals in the port of the mother; the Defendant appears to have been in the state where the wind wave was not in effect at the time of mooring the anchor of the instant barge; the stranding of the instant barge was not directly caused by the care of the Defendant’s ship but directly caused by the power of the Defendant, such as strong wind and wind, etc.; the Defendant’s anchoring of the barge was a mother port for dismantling the barge, for the purpose of dismantling the barge caused by the power of the Defendant’s navigation; the Defendant’s mooring of the barge was for the head of the mother port; the Defendant appears to be liable for damages corresponding to the Defendant’s negligence through civil procedures; and there is no criminal history for the same kind of crime against the Defendant.

In full view of the aforementioned circumstances and motive leading up to the instant crime, circumstances after the commission of the instant crime, Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and all other circumstances constituting the conditions for sentencing as shown in the proceedings and arguments.