A. Defendant D is the owner of F(7.93 tons), which is a coastal sea-line fishing vessel of the shipment of the ship at Boan-si, and Defendant E is the captain of F and was engaged in the fishery by using the said ship.

B. G is the owner of I(1.21 ton) who is the coastal sea-net fishing vessel of H H in the Pacific-gun, Chungcheongnam-gun, and the Plaintiff A is the wife of G, the Plaintiff B, and C. G children.

C. Defendant E, at around 03:50 on September 19, 2015, operated F and operated the sea of 0.8ma on the J-dong, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Jan-do, for the H port of J from J to H port of H, without discovering I while operating the sea at the H port of J., and instead received I’s U’s U’s upper part of the F’s hull as the front part of the P’s hull, and served the deck as it is.

At the time of the foregoing accident, G, who was on board I, fell at sea, but Defendant E continued to operate F without taking any relief measures, and went away from the scene of the accident. Ultimately, G was found on September 23, 2015 on the fourth day of the disappearance.

E. On November 26, 2015, Defendant E was indicted under this Court 2015 Gohap110 due to the above criminal facts. On March 17, 2016, Defendant E sentenced Defendant E to two years and six months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (ship traffic accident) and the crime of destroying a ship by occupational negligence.

F. Meanwhile, the appellate court of the instant case reversed the first instance judgment on the grounds that the first instance sentence is too unfasible and unfair, and sentenced Defendant E to four years of imprisonment, and Defendant E is currently dissatisfied with the said appellate judgment and the final appeal of the instant case is in progress by the Supreme Court Decision 2016Do12690 at present.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 11 (including each number, hereinafter the same shall apply), Eul evidence 1, witness K's testimony, the purport of the whole pleadings

2. Determination:

(a) Defendant E is responsible for compensating for damage by negligence that Defendant E operates F and caused G to fall into the sea and take any rescue measures after he fell into the sea.