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Defendant shall be punished by imprisonment without prison labor for one year.
Reasons
Punishment of the crime
The Defendant is the captain of a diving fishing vessel B (3.55 tons, FRP, and 250 maman) without permission.
On August 9, 2011, at around 21:30, the Defendant: (a) carried out diving fishing at the sea near the Mangnan-gun, Chungcheongnam-gun; (b) carried out a diving fishing; and (c) confirmed air pressure by operating an air compression machine (compact presse, 7.5 ma), and (d) obtained air pressure by using the air tank (compact presse, 7.5 ma). The victim C (ma, 52 years old) wear a diving uniform; (c) worn two bells (40kg) with the air tank in custody of the air compresseds (130 meters high); and (d) obtained air from the air tank in custody of the air compresseds (130 meters high); and (d) obtained water from the respiratory (compacter) with the respiratory air in water tank in custody of the air compresseds (130 meters high).
In such cases, the defendant, who is the captain of diving operations, shall not direct diving operations after sunset, and when diving operations are carried out, a thorough examination of the depth, algae, correction, routes, etc. in the diving zone shall be conducted, and when it is carried out, a thorough examination of diving equipment shall be conducted, such as the passage of diving, etc., and a duty of care shall be performed to ensure that the defendant, who is the captain of diving operations, has to check diving equipment in advance and assign diving assistant personnel to the site and check the length of diving and to take appropriate measures immediately in case of any malfunction.
Nevertheless, the Defendant was at night and at sea, and even in a state of poor correction due to inside and outside of the sea, left the victim so that the victim can diving, left the crew D as assistant staff, and did not follow an instruction to observe the victim's movement, etc. closely, and caused the victim's death by the following reasons: (a) obtained the victim's locked work as it was by negligence; and (b) lost the awareness after about 2-3 minutes after obtaining it from the victim; and (c) caused the death of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. The case radio waves;