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Defendant
A shall be punished by imprisonment with labor of two years and six months and by a fine of 1.5 million won, and Defendant B shall be punished by a fine of two million won.
Reasons
Punishment of the crime
Defendant
A is a captain of a large-scale low-net fishing vessel D (a total of 70 tons) who takes charge of operation and safety management, etc., and Defendant B is a captain of the above D, who employs Defendant A as the owner of the above D.
1. Defendant A
A. On December 27, 2016, around 09:00 on December 27, 2016, the Defendant, who died from occupational or practical injury, was deprived of the low-person nets loaded in D at the sea of approximately 3 5 days in the North-dong bank, and was able to attract the nets. On the same day, around 09:50 on the same day, seafarers were engaged in the double-net work (the work of drawing up the nets).
At the time of the instant case, a severe weather alert (fluence) came into effect from around 08:00 on the same day, and the captain of the instant case aggravated working conditions, such as the vessel was in need of rescue and operation at a height of 2 to 4 meters. In such a case, the captain operating the instant fishing vessel has a duty of care to immediately report to the rescue center, etc. and take measures to ensure that the captain of the instant vessel is obliged to provide safety education to seafarers, wear life jackets, and check the safety of equipment, such as double fishing, etc. used at the time of drawing the water, and take appropriate search and rescue measures to be taken in preparation for yellowcheon (e.g., anchoring and brut while the weather has deteriorated due to strong wind, heavy rain, etc.).
Nevertheless, the Defendant neglected this and, without taking any measures for safety, caused the victim E (42 ) who is a seafarer to continue to carry out the operation to draw the water by using a wire-line in the vicinity of the port area where the vessel was open to the port (2m in width). By negligence, the Defendant cut off the wire-line at around 10:20 on the same day, while leaving around around 10:20 on the same day, on the 3-day sea of approximately 3 ma days in the north-dong bank, and the water is the sea.