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( 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 law.

2. The Defendant is the owner and captain of a fishing vessel C (9.77 tons) with a common fishing vessel and a common fishing vessel.

A person who intends to change the details entered in a fishing vessel inspection certificate, such as a gross tonnage, shall undergo a temporary inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use a fishing vessel which has not undergone an inspection for navigation

Nevertheless, around July 8, 2014, the Defendant stated that the place where the upper part of the above fishing vessel’s upper part of the building was 8.688 cubic meters and that “the gross tonnage was 8.68 meters,” but in light of the internal investigation report (18 to 26 pages of investigation record), etc., it is obvious that the Defendant means “the gross tonnage” and the Defendant also testified on the premise of this, and thus, it is corrected without any changes in the indictment.

A. A approximately 0.23 tons prosecutor specifies the increased gross tonnage as “a ton”, but in light of the Defendant’s police’s statement (for the investigation record page 72), internal investigation report (for the investigation record), etc., it is apparent that it is a clerical error in the statement of approximately 0.23 tons, the Defendant also testified on the premise that it was based, and the increased gross tonnage reduced and recognized does not substantially disadvantage the Defendant’s exercise of his right to defense, and thus, it is corrected without any changes in the indictment.

A prosecutor does not undergo a temporary inspection even after an increase has been made, and from July 16, 2014 to March 3, 2016, “from July 7, 2014 to March 5, 2016.”