The provisions of the Criminal Procedure Act concerning the request for amendments to indictment under Article 298(2)

Article 298(2) of the Criminal Procedure Act does not require the court to amend the bill of amendment, but it does not require the court to amend the bill of amendment.

Article 298(2) of the Criminal Procedure Act

Defendant 1 and one other

Prosecutor

Seoul Criminal Court Decision 73No2622 delivered on September 14, 1973

The appeal is dismissed.

The grounds of appeal are examined.

1. The judgment of the court of first instance maintained by the court below was found not guilty on June 28-6.30, 1972 by the defendants, on the grounds that it is difficult to readily conclude that the defendants engaged in fishing activities as a business, and that there was no other evidence to acknowledge that the defendants engaged in fishing activities as a business.

2. The defendants' above act of fishing is "fisheries" under Article 2 of the Fisheries Act, or when the defendants' change of the records led to Defendant 1's act of fishing with Defendant 1's permission of the manager of a reservoir in order to take a snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick sn's snick sn's snick sn's snick sn's sn's sn's sn's sn's sn's s

3. Article 298(2) of the Criminal Procedure Act concerning the request for changes in indictment does not require the court to change the indictment, but it is interpreted that it belongs to the court's discretion (see Supreme Court Decision 73Do3004, Feb. 12, 1974). Therefore, it is unreasonable to argue that it is a mandatory provision different opinion.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Young-chul (Presiding Justice)