The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The prosecutor of the facts charged of the instant case, despite the fact that the Defendant was able to use the instant yacht without registering the water leisure craft with the owner of the water-driven yacht “C” (D, 7.31 tons, hereinafter “the instant yacht”), the Defendant used the instant yacht at around 06:00 on August 4, 2013 to depart from the Busan YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

The defendant was prosecuted as a violation of the Water Leisure Safety Act.

2. Determination:

A. Article 58 Subparag. 1-2 and Article 30(1) of the Water Leisure Safety Act applicable to the facts charged under the relevant statute is Article 58(2) and Article 30(1), which sets out the following provisions:

The term "a person shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won, if the owner of a power-driven leisure craft, other than ships registered pursuant to Article 8 of the Ship Act, uses a water leisure craft for aquatic leisure activities without registration.

Article 8(1) and (2) of the Ship Act provides for the following:

Upon receipt of an application for registration from the owner of Korean vessel, the head of a regional maritime port and port office shall register it in the ship register and issue the ship nationality certificate to the applicant.

“”

B. Comprehensively considering the evidence adopted and examined by the court in the instant case, the yacht is registered in the ship registry in the instant case and the ship nationality certificate is issued. Thus, it is deemed a vessel registered pursuant to Article 8 of the Ship Act.

In such a case, it is reasonable to view that Article 58 subparagraph 1-2 of the Water Leisure Safety Act is excluded from the application of Article 58 subparagraph 1-2 of the aforesaid Act, and even if examining all the evidence of the submission of the inspection, it is not possible to apply Article 58 subparagraph 1-2 of the Water Leisure Safety Act, which is the applicable legal person of the instant facts charged.