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(영문) 청주지방법원 영동지원 2016.06.23 2016고단13
수상레저안전법위반
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

From around 2014, the Defendants gathered to operate the “E” company that carries on the business of receiving money from the D located in the Chungcheong-gun C where the water leisure business is unable to be carried out due to the protection of water sources, such as the protection of water sources.

1. A person who intends to operate a business lending a water leisure craft or a business operating a water leisure craft on board the water leisure craft shall register with the competent authority;

In doing so, the Defendants conspired with each other from July 8, 2015 to the same year.

9. Until the end, customers who found the said “E” without registering with the competent authorities, were charged approximately KRW 15,00 on one occasion with approximately KRW 15,00 on the said D waters, and operated the water leisure business by burning wadles, etc. or taking lessons therefor.

2. No person who is accused B shall occupy and use a river, such as the installation of an floating moorings, etc. without obtaining permission from the river management agency;

However, the Defendant, in collusion with A on April 2015, in order to manage the said “E” on the surface of the said D surface, installed a floating-type mooring yard with plastics and steel scraped (11m in width, 12m in length) without obtaining permission from the river management agency, and occupied and used a river.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Each investigation report (the sequence 10,20 of the evidence list);

1. Application of the location map and current status photograph statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 56 Subparag. 1 and Article 39(1)2 of the Water Leisure Safety Act, Article 30 of the Criminal Act (the choice of imprisonment);

B. Defendant B: Article 95 subparag. 5 of the River Act, Article 33 subparag. 1 subparag. 6 of the same Act, Article 30 of the Criminal Act (a violation of permission to occupy and use a river, choice of imprisonment), Article 56 subparag. 1 and Article 39 subparag. 2 of the Water Leisure Safety Act, Article 30 of the Criminal Act (a violation of the duty to register water leisure business).

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