Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

From December 18, 2012, the defendant was on board as the captain of Busan Shipping B (166 tons, 3 persons on board) from December 18, 201.

At around 10:00 on February 24, 2013, the Defendant carried out a short-line reduction work to attempt the tea to the “P-ENG HU” island within the territorial sea of the territory of the Republic of Korea on the ground of the maritime weather deterioration around 06:10 of the same month while returning to and departing from the Republic of Korea, and sailing from the Republic of Korea.

In such a case, the defendant was aware of the fact that maritime weather is very poor in advance, and in case of shipbuilding a ship using an engine, the towing line becomes excessive in the event of shipbuilding, or the danger that seafarers in the neighborhood at the site may be at all at all at all due time due to the movement of the towing line, which was caused by the structure, exists, and the escape of the crew prior to the work is completed, and there is a duty of care to conduct shipbuilding the ship.

그럼에도 불구하고, 피고인은 이를 소홀히 하여 2013. 2. 28. 06:55경 국외 대만국 영후도 인근 해상(Fix 23-31.05N, 119-41.05E)에서 B 우현 선미 휀다(대형 폐타이어로 제작)에 걸린 예인줄을 빼내기 위해 우현 변침차 기동을 시작하자 B와 부선 C 사이에 연결된 예인줄에 과도한 장력이 발생, 지지대가 파손되며 튕겨져 같은 선박 우현 선미 부근에서 예인줄 조정작업 중이던 기관사 D(남, 67세)을 충격, 그곳 해상으로 추락하게 하여 익사에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police statement made to E, F and G;

1. A copy of a certificate of an accident, a copy of a certificate of an inspection (a certificate of an autopsy) and a protocol of inspection;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes concerning shotos and photographs of the deceased and the deceased;

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

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;