어선법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant extended the place of closure by fixing the Acryle board in a part of the upper structure of the fishing vessel owned by him as a V; and (b) thereby, the gross tonnage of the said fishing vessel was changed.
Since gross tonnage is stated in the fishing vessel inspection certificate, the act of expanding the closing place is subject to a temporary inspection.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of judgment.
2. Determination:
A. Prior to the judgment on the grounds of appeal as to the amendment of the indictment, the prosecutor's 3-4 indictments (18-19 indictments of the judgment below) stated in the facts charged at the trial of the court below (18-19 indictments of the court below), "a fishing vessel's length, width, depth, or the main body of the hull shall be altered or repaired, or shall have an impact on the strength, watertightness, or fire prevention of the hulls," and the facts charged. A. 2 of the judgment below (2-2 of the court below's judgment) and 2 of the two of the two of the two of the two of the two of the two of the two of the two of the indictments (2-8 of the court below's judgment) filed an application for the amendment of the indictment with "total tonnage", and this court permitted the amendment and did not reverse the judgment of the court below ex officio on the grounds that it cannot be deemed that the subject of the judgment was changed.
B. The summary of the facts charged in the instant case is that the Defendant is a person who runs a fishing vessel with the master and the operator of a fishing vessel D (9.77 tons) and E (9.77 tons).
A person who intends to change the details stated in a fishing vessel inspection certificate shall undergo a temporary inspection as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use a fishing vessel which has not undergone an inspection for navigation or operation.
However, on July 14, 2014, the Defendant extended the volume of the pulmonary volume of the E-owned structure above 10.336 cubic meters at the sea before the shipbuilding yard of the same Dong-dong.