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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant
A is the owner of a ship B (14 tons) in Gyeongsung-gun.
The high-quality Gun is deemed to obstruct the efficient use of public waters, such as abandoned ships, or is likely to cause water pollution.
If deemed, it may be ordered to remove the owner or occupant as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Nevertheless, after the on-site verification of a vessel left alone on July 18, 2017 by the management agency of public waters, the Defendant:
7. Even if the removal of a vessel neglected on a total of four occasions from 25. to 11.17., the order was not complied with.
[Defendant and defense counsel asserted to the effect that the Defendant was ordered to remove the instant vessel from the Sung-gun Office by November 17, 2017, but requested postponement on November 20, 2017 due to lack of compliance with the deadline, and that the instant vessel was transported to land on the sea on December 10, 2017, and thus, it cannot be deemed as violating the Public Waters Management and Reclamation Act.
However, according to the evidence duly adopted and examined by this court, including the witness D’s statement, the instant vessel was neglected on the public waters from around 2006 to the public waters, and there was a citizen’s civil petition, thereby requesting the Defendant to remove the vessel verbally at the Gosung Gun Office. Nevertheless, the Defendant visited the site on July 18, 2017 and confirmed the actual condition, and on July 25, 2017, the Defendant sent a “order to remove the vessel neglected, etc.” to the Defendant on September 1, 2017, after visiting the site again on August 24, 2017, after conducting a field investigation on October 10, 2017, and then sending a public notice to the Defendant “ thorough performance of the disposal of the vessel neglected” to the Defendant on September 1, 2017, and then sending the Defendant’s demand notice on October 16, 2017 to the Defendant on demand.