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The defendant shall be innocent.
Reasons
1. The Defendant charged with the charge is a person who concurrently engages in the business of fishing vessels D (9.7 ton) and E (9.7 ton) with a master.
A person who intends to remodel or repair a fishing vessel's length, width, depth, or main body of a vessel to affect the strength, depth, or fireity of the hull, or to alter the details stated in the fishing vessel inspection certificate shall undergo a temporary inspection as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use the fishing vessel which has not undergone an inspection for navigation or operation.
The Defendant, even if so, shall:
A. On July 14, 2014, the ship was used for navigation or operation over 147 occasions between July 21, 2014 and March 5, 2016, when the volume of the waste of the above E-building structure was 10.336 cubic meters, and the tonnage was increased to about 3 tons under the provision, and the ship was used for navigation or operation over 147 occasions from July 21, 2014 to March 5, 2016;
B. On August 21, 2015, the vessel used the vessel for navigation or operation 53 times between August 21, 2015 and March 5, 2016, without undergoing a temporary inspection, even if its tonnage exceeds 0.23 tons in light of the provision, the vessel used the vessel for navigation or operation 53 times from August 21, 2015 to March 5, 2016.
2. Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:
4. A person who uses a fishing vessel for navigation or fishing operations without undergoing an inspection of the fishing vessel under Article 21 (Inspection of Fishing Vessels) (1) The owner of a fishing vessel shall undergo an inspection conducted by the Minister of Oceans and Fisheries of the equipment of the fishing vessel under Article 3 (including the indication of repair by the draft referred to in Article 4, in cases of at least 24 meters in length) as prescribed by Ordinance of the Ministry of Oceans and Fisheries of the Republic of Korea, as follows:
Provided, That this shall not apply to fishing vessels determined by Ordinance of the Ministry of Oceans and Fisheries, such as non-powered fishing vessels of less than five gross tons.