어선법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding the facts and misapprehension of the legal doctrine) is the captain of a fishing vessel owned by G, who actually managed and operated the said fishing vessel, and thus his agent.
피고 인은 위 어선의 상부 구조물 폐위장소( 閉圍場所) 용적을 증가시킴으로서 총톤수를 증가시켰다.
The increase in gross tonnage is subject to temporary inspection because the contents of the fishing vessel inspection certificate are changed.
Nevertheless, since the defendant used a fishing vessel for navigation or fishing without undergoing a temporary inspection, the violation of Article 48(2), Article 44(1)4, and Article 21 of the Fishing Vessels Act is established.
Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and legal principles.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A prosecutor added "Article 48 (2) of the former Fishing Vessels Act (amended by Act No. 14510, Dec. 27, 2016; hereinafter "the former Fishing Vessels Act"), which is a both punishment provisions in the applicable law in the trial of a party, and the facts charged also have been revised accordingly. Since this court permitted this, the judgment of the court below is no longer maintained.
However, the prosecutor's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court despite the above reasons for reversal of authority.
3. The summary of the facts charged changed in the trial of the party is the captain of the South Sea fishing C (9.77 tons) fishing vessel with South Sea, who actually manages and operates the said fishing vessel, and G is the owner of the said fishing vessel as the wife of the Defendant’s wife.
A person who intends to remodel or repair a fishing vessel's length, width, depth, or main body of a vessel to affect the strength, depth, or fire-prevention of the vessel, or to alter the details stated in the fishing vessel inspection certificate shall conduct a temporary inspection as prescribed by Ordinance of the Ministry of Oceans and Fisheries.