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(영문) 창원지방법원 2018.10.17 2017노430
어선법위반등
Text

The judgment below

The acquittal portion shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. In a case where there are several orders of the judgment, such as partial conviction, partial acquittal, etc. for the case prosecuted simultaneously with the scope of the judgment in this court, the part included in the one part may be appealed separately from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, in a case where only the prosecutor appealeds the part not guilty for part of concurrent crimes, and only the part of the judgment of the judgment of the first instance which convicted the defendant and the prosecutor not appealed against the part not guilty, the part of the judgment of the judgment of the court of first instance for which the defendant and the prosecutor not appealed against the part of the judgment of the court of first instance became final and conclusive as the period for appeal expires, and the part of the

The lower court acquitted the Defendant on the violation of the Act on the Management and Reclamation of Public Waters among the charges of this case, and acquitted the Defendant on the violation of the Fishing Vessels Act.

In regard to this, the prosecutor filed an appeal against the whole judgment of the court below on the grounds of mistake of facts, misunderstanding of legal principles, and illegality of sentencing. However, in the petition of appeal, the reason for appeal asserted the reason for appeal only as to the violation of the Fishing Vessels Act, but the scope of appeal is indicated as "the whole" in the petition of appeal submitted by the prosecutor. However, since the remaining part of the petition of appeal and the reason for appeal did not state any reasons for appeal, the prosecutor appealed for the reason for

Therefore, since the defendant and the prosecutor did not appeal separately became final and conclusive, the scope of the judgment of this court is limited to the acquittal portion of the facts charged in this case by the prosecutor.

2. The summary of the grounds for appeal is that the defendant extended the closing place by fixing the acrylic board to a part of the upper structure of the fishing vessel owned by him as a V, and thereby the gross tonnage of the above fishing vessel is the same.

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