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 coast shore G (9.77 tons) vessel B (9.77 tons) with the overall direction and supervision of the operation.

On October 24, 2013, the Defendant, at around 11:53, 2013, laid down 2 frameworks of fishing gear in order to capture the salted fish at the sea of 0.5 mama on the east-gun, Incheon Spoon-gun, Incheon.

In such a case, the crew of the fishing gear can fall down on the sea by leaving the fishing gear, so the captain has a duty of care to safely operate the fishing gear so that seafarers do not leave the fishing gear to prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the death of the victim C (38 years of age) who was working on the starboard side of the above vessel due to a mistake in operating the vessel, fell on the sea to the fishing gear line, resulting in the death of the victim of C (38 years of age) due to the cardiopulmonary stop during the transfer of the hospital at that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant acknowledges his/her mistake and the fact that the victim has agreed with his/her bereaved family members);