The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is identical to the facts charged that the prosecutor sought selective addition at the original trial, and the application for modification of a bill of amendment is lawful. Thus, the judgment of the court below which rejected the prosecutor's application for modification of a bill of amendment is erroneous by misapprehending the legal principles, which affected

2. Determination

A. (1) A person who intends to engage in the business of cultivating seaweeds in the existing facts in the indictment must obtain a license from the competent authority. Nevertheless, the Defendant, at around 07:50 on February 23, 2018, set up 100 lines for Kim Farming-type facilities, without obtaining a license from the competent authority, at the sea of 2.5 Emb. Donam-gun, Jeonnam-do, and 2.50 on February 23, 2018. (2) A prosecutor of the facts constituting the offense stated in the application for the amendment of the indictment and the written application, submitted the facts in the indictment on June 19, 2019, “the Defendant: (a) around 07:50 on the water surface on which the Defendant did not obtain a license or approval from the competent authority on February 23, 2018; (b) installed a fishing vessel C designated as a control vessel to form an aquaculture facility; and (c) additionally submitted an application for the amendment of the indictment to the provisions of the Fisheries Act.”

3. On July 4, 2019, the lower court rendered a decision to dismiss an application for modification of an indictment in accordance with the written application for modification of an indictment as of June 19, 2019 on the fourth trial date, and the lower judgment re-verifications the same.

B. The relevant legal doctrine prosecutor may add, delete, or change charges or applicable provisions of Acts stated in the indictment with the permission of the court within the extent not impairing the identity of the charges. The identity of the charges is maintained if the social factual relations, which form the basis of the charges, are the same in the basic point of view. In determining the identity of these basic factual relations, the identity of such facts is in mind.