However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

The defendant is the captain of D (684 tons and 42 crew members) who is a ship of deep sea fishing in Busan, and has overall control over the safety operation of the ship, safety management of seafarers, etc. by directing and supervising the crew.

On November 20, 2017, around 03:15, the Defendant instructed the crew of decks, such as the victim E (S), while sailing on the sea near New Zealand (62-59.86S, 157-06.11W).

At the time, the sea weather level was 1.4 degrees and 2 to 3 meters in water temperature-1.4 meters in wave, and the earth boomed in Antarctica’s peculiar booming over the stem deck and was in serious condition, and thus, in such a case, the Defendant had a duty of care to prevent accidents, by taking measures such as: (a) the captain, who is responsible for the safety of the crew and the vessels, suspending work according to the weather forecast; (b) having the crew waiting in the safe area; (c) having the crew waiting in the safe area; or (d) having the crew waiting in the safe area; or (d) having the crew continuing work, even if the crew directed the crew to fix the body on the hull; and (e) having the safety gear, such as safety caps and safety shoes, etc., to prevent accidents.

Nevertheless, the Defendant did not perform the above duty and caused the death of the victim during ice ice singinging, facing the steel structure installed on the foreline of the stemhead, resulting in the death of the victim due to serious acute strokes caused by serious side effects on the upper right side of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. G statements;

1. Application of Acts and subordinate statutes to report internal investigation ( obtaining data on local interim inspections);

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] Article 62(1)3 of the Criminal Act (the scope of the recommended sentence] basic area (the occupational, gross negligence, etc.) [the person who is subject to special sentencing] (the decision that there is no person subject to special sentencing].