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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant is the captain of a vessel B (60 tons) of a large-scale towing low-class fishing vessel.

On January 10, 2015, the Defendant: (a) instructed seafarers at the south East East East-west Sea of the Republic of Korea to “I would be able to immediately conduct operation upon arrival at the steering place”; (b) was aware that the Defendant, while sailing at the speed of 280 degrees and 7 knotss near the front south of the operation place, was going beyond the speed of 20 to 30 degrees on the fore part of the fore part of the stemhead; and (c) the wind was not good for weather by 12 to 14m/s.

In such a case, the captain of the ship has the duty of care to prevent the fall accident of the seafarers by taking prior measures, such as requiring the crew to obtain life jackets from the crew, immediately stop the operation preparation work, and waiting at a safe place, and providing a warning broadcasting in advance to ensure that the crew on deck do not go beyond the deck when the ship is urgently opened.

Nevertheless, without any warning, the Defendant neglected to do so and caused C(54 years old) to be placed on the sea at the sea, the victim, who was sitting at the right side of the fishing vessel, on January 10, 2015, at approximately 14-mam (34° 17 minutes north latitude and 128° 44 minutes east longitude) of Hongdo on January 19:25, 2015.

Ultimately, at around 21:55 of the same day by occupational negligence, the Defendant caused the death of the victim to the respiratory part caused by the following water.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. Protocol of inspection;

1. Application of the Acts and subordinate statutes on history photographs;

1. Article 268 of the Criminal Act, the choice of imprisonment without prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the background of the instant case, the Defendant’s degree of negligence and the result of serious damage, and the victim.