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 on the upper part of the 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 conducted two-thirds of the facts charged (17-18 of the judgment below's 17-18 of the judgment below), and deleted "the captain shall alter or repair the hull's length, width, depth, or the main body of the hull with an impact on the strength, depth, or fireity of the hull, or shall alter or repair the hull's strength, watertightness, or the main body of the hull, and filed an application for amendments to the indictment with the effect that "the tonnage under the provisions of the judgment below is "the gross tonnage" of the 7-8 parallel (2 parallel of the judgment below's 2th parallel of the judgment below) of the facts charged, and this court permitted the amendment to the indictment and stated below. However, although the facts charged were modified as stated in the judgment, the judgment of the court below shall not be reversed ex
B. The summary of the facts charged in the instant case is the owner and captain of the D (9.7 metric tons, hereinafter “instant vessel”) of the fishing vessel with a common fishing vessel.
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 June 23, 2015, the Defendant installed a acrylic board at the open space of the upper structure of the instant vessel at the port of Gyeyang-gu, Busan-si, Busan-si, U.S., in order to undergo a temporary inspection even if the volume of the waste exceeds KRW 9.067,00,000, and the gross tonnage exceeds KRW 1 ton.