Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant is the owner of a barge (120 tons, a river) with no name on mooring at two parts of Samcheon-si Port New Ports in Sacheon-si.

1. A person who intends to use harbor facilities violating the Harbor Act shall obtain permission from the head of the ordinary south-do port management office, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not obtain permission for the use of harbor facilities from the head of the Gyeong-do Port Management Office in the Gyeongcheon-si from June 16, 2014 to March 25, 2015, and used the barge by mooring the above barge owned by the Defendant on the double wall of the Samcheon-si Port from March 16, 2015.

2. Violation of the Public Order in Open Ports Act;

(a) A ship entering, leaving, etc. the boundaries, etc. of an open port shall make a entry report to the head of the port management business office;

Nevertheless, at around 11:00 on June 16, 2014, the Defendant: (a) sailed in towing at B at the boundary of the New East East East East-dong, and entered the port of the open port at around 20:50 on the same day; (b) did not report to the head of the office of the Gyeongnam-do Port Management Business.

(b) Every vessel within the boundaries of an open port shall be equipped with fathers, night flickering lights, etc. in compliance with an order to improve the safety measures of the head of the port management office in order to maintain order in the open port;

Nevertheless, the Defendant failed to comply with safety measures, even though he/she received an order to take measures for reinforcement of facilities, such as a tag indicating the risk of operating a sunken barge on the inner wall from November 11, 2014 to December 29, 2014, on the inner wall, such as a tag indicating the risk of operating a vessel around the sunken barge, and a night on and off warning lights, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (attaching evidentiary materials not submitted to the port of entry);

1. Order for early lifting and movement of the sunken vessel, order for improvement of safety measures around the sunken vessel;

1. Application of Acts and subordinate statutes to the location of the sunken vessel and light warning photographs;

1. Article 97 Subparag. 4 of the former Harbor Act (amended by Act No. 13186, Feb. 3, 2015) regarding criminal facts and Article 30(1) of the same Act regarding the selection of penalty.