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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the captain of a military fishing vessel B (89 tons, 11 personnel on board) with general responsibility for the safe navigation of ships, prevention of safety accidents of seafarers, etc.
At around 07:30 March 19, 2018, the Defendant: (a) carried out the mass net work in the above B operating in approximately 28 miles (33-4N, 125-48E) at the sea (33-4N, 125-48E).
In such cases, the defendant has a duty of care to prevent accidents by checking whether crew members work safely at their respective fixed locations, and in particular, if there are crew members who first work using a two-net roller installed on the right side of the steering house in order to prevent accidents of life, and thoroughly supervising the situation of the crew, such as making the crew wear safety gear to prevent accidents of life, and carefully checking the situation of the crew's work. In addition, in the case of various equipment equipment and devices that the captain should directly operate in the steering house, safety measures such as fixing the steering server installed in the steering house have been taken to prevent accidents by preventing other crew members from operating arbitrarily on deck.
Nevertheless, the Defendant, at around 09:19 of the same day, did not direct the victim C (the 53 years old), the deck of the above vessel, which first takes charge of anchoring, to wear safety equipment, did not carefully look at the situation of the victim's work, and did not take safety measures, such as fixing the operating server installed in the steering boat, which makes it impossible for other crew members other than the Defendant to operate the steering boat arbitrarily. In addition, the Defendant, at around 09:19 of the same day, caused C to operate the steering tower on their own in order to reduce anchoring the anchor, and caused C to die the left part of the part of the work to be fasted between the steering gun and the log.
(i) the evidence;