The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty on the ground that the defendant, the captain of a tugboat, had a duty of care to take rescue measures, such as sending the crew of the tugboat to the barge in preparation for the case where the victim, the person in charge of the barge, was in a cooperation relationship, but the captain of the tugboat and the person in charge of the barge could not force the victim to wear safety lighting and life jackets for the prevention of the depression because he was not in a cooperation relationship with the captain of the tugboat, and the victim could not be forced to wear a life jackets at the time of the collision.

B. Unless there is an unreasonable sentencing, the sentence of the lower judgment (the imprisonment of August and the suspension of execution of two years) is too unreasonable.

2. At the time of the instant case, the ex officio determination prosecutor indicted the Defendant on the charge that the Defendant violated his duty of care to prevent safety accidents, such as fall, on the ship while the Defendant, who is the captain of the instant case, caused the death of the victim, by checking in advance the risk factors of the anchor line to fall, by placing the anchor line to increase the number of crew, and by having the crew who was ordered to anchor for reserve anchor, wear safety lights to prevent the anchor for reserve anchor and life jackets.

However, the court below has a duty of care to take rescue measures, such as sending tugboat crews to the barge, because the victim was at the time of the instant case without the prosecutor's application for changes in the indictment or the prosecutor's request for changes in the indictment, and there was a risk of accidents, such as falling at sea.