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) on the following grounds: "A fishing vessel's length, width, depth, or the main body of the vessel shall be changed to alter or repair, or remove "to affect the strength, depth, or fireity of the hull," and "the tonnage of the vessel" of the 7-8 parallels (2-3 parallels of the judgment below's 2-3 parallels of the judgment below) of the facts charged shall be applied for the amendment of the indictment with the gross tonnage "the gross tonnage". This court permitted the amendment of the facts charged, but this cannot be viewed as being changed to the subject of the judgment, and therefore, the judgment of the court below shall not be reversed ex officio.
B. The summary of the facts charged in the instant case is the owner and captain of a fishing vessel C (9.7 tons, hereinafter “instant vessel”) with a common fishing vessel registered.
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 4, 2015, the Defendant installed a acrylic board in the opening space of the structure on the part of the instant vessel at the arrival of a common sea line D, common sea area, and extended the volume of waste by approximately 39.94 cubic meters, while the gross tonnage exceeds approximately 5 tons, the Defendant did not undergo a temporary inspection. < Amended by Presidential Decree No. 26358, Jun. 4, 2015>