업무상과실치사등
Defendant shall be punished by imprisonment without prison labor for ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is the captain of the inshore fishing vessel C (18 tons, 6 passengers on board) at the time of loading in the south of Korea and is a person in charge of overall control over the safety, navigation, operation, etc. of the said fishing vessel.
On November 5, 2014, at around 07:20, the Defendant carried out anchor net net fishing gear at the sea on approximately 12 math day of the 12-day northwestdo.
In such a case, the captain had a duty of care to check the work situation from time to time in consideration of the progress of cutting off the fishing gear above deck due to large quantity of catch, etc., and to prevent safety accidents of seafarers, such as temporarily suspending the cryp work and conducting the cryp work, if it is anticipated that strong strength in the cryp will result in the cryping process of cutting off the fishing gear above deck.
Nevertheless, while recognizing the fact that catch more than the ordinary level is captured on anchor-net fishing gear and strong capacity is being used as a fishing gear, the Defendant did not take safety measures such as temporary suspension of the sea-net operation to promptly complete the operation, or evacuation of the crew in operation, etc., and by negligence in the course of the operation of the sea-net operation, prices the chest of the victim E (the age of 42) who was working on the fore deck while the fishline connected to the anchor-net fishing gear is cut, and then prices the chest of the victim E (the age of 33) who was working on the fore deck, and then prices the right bridge of the victim F(the age of 39) who was working on the fore deck.
Ultimately, the Defendant caused the victim E by such occupational negligence, and at the same time, caused the victim F to suffer injuries, such as scarving the right bridge on which the number of treatment days cannot be known, and scarving the right-side executives who need to be treated for about nine weeks, such as crushing of pulverization.