The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. According to the evidence submitted by the Prosecutor, the fact that the instant fire occurred due to the Defendant’s occupational negligence is sufficiently recognized.

However, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the judgment.

2. Determination

A. The gist of the facts charged is that the Defendant is the head of C (29 tons, inshore fishing) owned by the victim B, the shipper of the Gyeongjin-gun, the Gyeongjin-gun, the shipper of the Gyeongjin-gun, who takes charge of mechanical promotion of the said vessel, operation of machinery and electric installations, and maintenance and management

On January 10, 2018, the Defendant operated the power generator managed by the Defendant for the electric diversing work of the seafarers at the later port located in the area of the Republic of Korea, Ulsan-gun, Chungcheongnam-do, North Korea on January 10, 2018.

However, at that time, in addition to the Defendant, only decks and foreign crew members are working in accordance with the captain’s instructions, and in such a case, the Defendant was responsible for operating, repairing and managing the machinery and electrical equipment of the ship in advance, as well as checking whether there is any danger of fire due to the operation of the power generator, such as electric heat equipment, etc., by properly separating the heat equipment, etc., and monitoring that the electric heat equipment, such as the startinger, etc., are not contacted with combustible materials after the operation of the power generator, and there was a duty of care to prevent fire due to the operation of the power generator by immediately stopping the operation of the power generator when there is a danger of fire in the ship due to electric power generators, electric heat exposure, etc.

Nevertheless, the Defendant did not check in advance whether the heat engine, etc. is separated, and the Defendant left the said vessel immediately without delay while operating the power generator of the said vessel, and did not immediately take safety measures, such as the suspension of engine, immediately after the fire occurred, and thereby, added the heat of the stringer, which is the heater in the cafeteria of the said vessel.