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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the captain of C (10 tons) who is a inshore fishing vessel.
At around 16:00 on June 7, 2013, the Defendant, along with eight seafarers, including the victim D(70 years of age) at the Jinsung-gun, Gangwon-do, Jindong-gun, on board C, and had the Defendant, at the port south-dong 14.5 nautical miles (N 38.16 east 128.4 east 128.4 east east east 123:4 east east east 16 east east 10, the Defendant, while carrying the anchor to the victim at the top of the steering house's right (hereinafter referred to as "catch work") and had the Defendant manage and supervise the work of other seafarers, including the victim, in the steering house.
At the time, when a sudden situation, such as reducing a part of the body, occurred in the location where the victim performs the above seeding operations, it was impossible to stop the operation of the winds. Therefore, in such a case, the defendant is a captain who instructs and supervises the crew's duties and takes responsibility for the operation and management of the fishing vessel and the safety of the crew, and is responsible for the crew's duties in advance at the sea where unstable and unexpected circumstances may occur, the defendant bears the duties to the crew, determines the minimum number of necessary personnel for each duties, and instructs the operation of the equipment operated by mechanical power that is highly likely to cause damage to the life and body of the crew, and there was a duty of care to supervise the necessary measures and supervision for protecting the life and body of the crew from an anticipated accident.
Nevertheless, the defendant neglected this and did not place other seafarers who can control the operation of the window while ordering the above plant operations to the victim, and instead, arranged the steering gear in the front part of the ship.