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(영문) 청주지방법원 영동지원 2016.09.29 2016고단15
수상레저안전법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2007, the Defendant is a person who actually operates an enterprise called “F” in which the Defendant is running the business of providing customers who want to engage in aquatic leisure activities by receiving rainfall, etc. in the vicinity of E in the Chungcheong-gun D, the water source protection of which is impossible due to water supply source protection, etc.

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.

From the end of April 2015 to the end of October of the same year, the Defendant operated a water leisure business in such a manner that the Defendant collected the said “F” from customers who found the said “F” without registering with the competent authorities, and collected a charge of approximately KRW 10,000 to KRW 30,00,000 at one time, from the customers who were to find the said “F”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of statutes on site photographs;

1. Article 56 Subparag. 1 of the relevant Act and Articles 39(1)2 of the former Water Leisure Safety Act (amended by Act No. 13754, Jan. 7, 2016; hereafter in force on July 7, 2016), the option of imprisonment for a crime;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Although the Defendant committed the same kind of crime and had been sentenced to suspended sentence or fine several times due to the violation of the Water Leisure Safety Act or the violation of the River Act, the Defendant again committed the instant crime.

However, on the other hand, the defendant is showing that he is guilty of committing the crime of this case and misunderstanding.

Even if the crime of this case was committed, there was no loss of human life due to the accident.

There are circumstances that can be considered after the crime, such as removing facilities used by the Defendant for the crime of this case.

In addition, all the sentencing conditions, etc. revealed in the trial process of the instant case are observed.

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