The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,200,00.

The above fine shall not be paid by the defendant.

1. 항소 이유의 요지( 법리 오해) 피고인은 자신이 소유한 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 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 law.

2. The Defendant is the owner and captain of the Changwon Fishing Vessel C (9.77 tons).

A person who intends to change the details entered in a fishing vessel inspection certificate, such as a gross tonnage, 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

Nevertheless, in May 2015, the Defendant stated that the upper part of the structure of the above fishing vessel was 3.778 cubic meters and that the upper part of the structure of the above fishing vessel was 3.778 meters and that the prosecutor’s gross tonnage was 3.77 meters. However, in light of the internal investigation report (which means 18 to 27 pages of investigation record), it is apparent that this meaning “the gross tonnage”, and the Defendant also testified on the premise of this, and thus, it is corrected without any changes in the indictment.

A. Even though approximately 0.23 tons have been extended to increase, a prosecutor did not undergo a temporary inspection, and from May 23, 2015 to March 9, 2016, the prosecutor specified the period as “from May 13, 2015 to March 9, 2016,” but in light of the Defendant’s police statement (78 pages of investigation records), investigation report (102 to 111 pages of investigation records), etc., it is apparent that it is a clerical error of “from May 23, 2015 to March 9, 2016,” and the Defendant also testified on this premise, and thus, it is corrected without any amendment to an indictment.

149 times, the fishing vessel was used for navigation or fishing.

3. Determination

(a)the gross tonnage shall be the same as the volume increase of the closed place;