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(영문) 창원지방법원 2017.08.10 2017노445
어선법위반
Text

The prosecutor's appeal is dismissed.

Reasons

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) in the first instance court (hereinafter "the court below's 17-18 of the indictment"), "the captain shall either remodel or repair or remove the vessel's length, width, depth, or the main body of the vessel with an impact on the strength, depth, or fireity of the hull, and filed an application for amendment to the indictment with the effect that "the tonnage of the vessel under the provision" in the seven parallels of the facts charged (2nds of the judgment below's 2nds of the judgment below) is "the gross tonnage", and this court shall permit the amendment to the indictment and following B. However, the judgment of the court below shall not be reversed ex officio for this reason.

B. The summary of the facts charged in the instant case is that the facts charged by the lower court and the revised facts charged by the lower court are stated as B, but the record reveals that B is a clear clerical error in the F, and thus, it is corrected.

(9.77 ton, hereinafter referred to as “instant vessel”) is the owner and captain of the instant 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 19, 2015, the Defendant’s vessel of this case at the So-gu So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-young,

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