The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant is also the captain of the instant facts charged (Seopoon, coastal complex fishery and fishing vessel business, three tons).

In order to use a ship registered as a fishing vessel temporarily for special purposes in the fishing vessel register, the Minister of Oceans and Fisheries shall issue a special inspection certificate from the Minister of Oceans and Fisheries, and shall not use a fishing vessel for navigation or operation in violation of the matters entered in the inspection certificate

피고인은, 위 B가 한국수산자원관리공단 제주지사가 시행하는 ‘C’에 2016. 10. 17.부터 2016. 10. 18.까지 참여하는 조사선으로 선정되어 위 기간 동안에는 위 조사 용도 외에 낚시어선 등으로 사용되어서는 아니 됨에도, 2016. 10. 17.경 서귀포시 보목동 소재 보목포구에서 갯바위 낚시승객 3명을 B에 승선시켜 출항하여 서귀포시 법환동 앞 해상에 있는 섶섬에 상륙하게 하는 등 2016. 10. 17.경 총 7회에 걸쳐 위 B를 낚시어선 등의 용도로 사용하였다.

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. The prosecutor prosecuted the above charged facts by applying Articles 44(1)7-2 and 27(1)2 of the Fishing Vessels Act.

First of all, as confirmed by the aforementioned relevant laws and regulations, Article 44(1) of the former Fishing Vessels Act, which was in force on October 2016, does not exist under Article 7-2 of the former Fishing Vessels Act.

Next, Article 4(1)7 of the former Fishing Vessels Act and Article 44(1)7-2 of the current Fishing Vessels Act provide that all cases of violating the matters entered in a fishing vessel inspection certificate under Article 27(1)1 of the Fishing Vessels Act are punished. The fishing vessel inspection certificate under Article 27(1)1 of the Fishing Vessels Act refers to a fishing vessel inspection certificate which has passed a regular inspection.

A special inspection certificate, such as the entry in the facts charged, is stipulated in Article 27 (1) 2 of the Fishing Vessels Act, and is punished for a violation of matters entered in a fishing vessel inspection certificate under Article 27 (1) 2 of the Fishing Vessels Act.