The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. 항소 이유의 요지( 사실 오인 및 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 the misapprehension of facts and legal principles.

2. The summary of the facts charged is that the Defendant is the actual owner and the master of the D(9.77 tons) fishing vessel with high-sex fishing vessels.

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.

On June 11, 2014, the Defendant stated in the indictment that “6. 6. 10” date of the extension of the use of the closed place in the indictment, but in light of the Defendant’s police statement (the page of the investigation record), etc., it is apparent that it is a clerical error in the Defendant’s police statement (the page of the investigation record) and on this premise, the Defendant does not have any substantial disadvantage to the Defendant’s exercise of his/her defense right, such as pleading at the lower court and the party trial, and thus, it is difficult for the Defendant to correct it ex officio without any changes in indictment.

At the arrival of each wall located in Gyeongsung-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongnam-gun, the upper part of the above fishing vessel shall be increased by more than 14.220 cubic meters, and accordingly, the gross tonnage prosecutor shall change "the gross tonnage in accordance with the provisions" from the trial to "the gross tonnage", and this court has permitted it, but the investigation report (18 to 28, page 130, page 130, page 130, the investigation records) is required.