The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

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.

Any 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, on May 22, 2015, the Defendant stated that the place of the closure of the upper structure of the above fishing vessel was 8.700 cubic meters, and the public prosecutor’s gross tonnage was 8.700 cubic meters, but in light of the internal investigation report (18 to 27 pages of the investigation record), it is obvious that this meaning “total tonnage”, and on the premise that the Defendant also testified, it is correct without any changes in the indictment.

A. Even if approximately one ton has been extended in excess, a prosecutor did not undergo a temporary inspection, from May 22, 2015 to March 2, 2016, and the period from May 22, 2015 to March 5, 2016 specified as “from May 22, 2015 to March 5, 2016,” but in light of the Defendant’s police statement (the page of the investigation record), investigation report (the investigation record 97 to 108 pages), etc., it is apparent that it is a clerical error of “from May 22, 2015 to March 2, 2016” and the Defendant also testified on the premise that it is, without any amendment to a bill of amendment.

160 times, the fishing vessel was used for navigation or fishing.

3. Determination

(a)the increase of gross tonnage by the volume increase of the closed place;