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

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.

Punishment of the crime

The defendant is the captain of B (380 tons, 25 crew members) (25 crew members) who is a ship of deep sea fishing in Busan, and is a person who has overall responsibility for the safety of seafarers and the safe operation of vessels.

On June 13, 2017, the Defendant boarded the above vessel at around 21:30 (on-site time) and continued to work in the high seas (Fix 43-5N, 05-12W) located in the Republic of South Africa with approximately 1,680 Enives (Fix 43-5N, 05-12W).

At the time, the maritime weather was about 11:00 on the same day, which was about 15-20 mar, 4-5 mar high speed, but according to the daily forecast, it was predicted that the wind was about 35 mar high speed and 8 mar high speed. In fact, the weather was aggravated and high from around 17:00. At around 21:30, the wind was 35-40 mar high speed and the wind was 8-9 mar high level, and the wind was 35-40 mar high speed and the wind was 8-9 mar high level, and the hull was tight softened so that the hull was dyd about 50 degrees high level.

In such a case, the Defendant, as a captain responsible for the safety of the crew and the vessel, was at duty of care to prevent accidents by either avoiding the operation according to the weather forecast and resisting to a safe area, such as neighboring ports, etc., or by taking measures, such as ordering the crew to fix the body on the hull so that the crew could not sept down the vessel even after the vessel continues operation.

Nevertheless, the Defendant did not take all safety measures, such as continuing operations on the premise that neighboring vessels continue to engage in operations, continuing operations, allowing seafarers to wear safety, or avoiding seafarers into the vessel until weather is improved.

Ultimately, the Defendant, at around 21:30 on the same day, is getting on board at the landing place of the on-board ship players of the above vessel with the foregoing negligence.