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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 1091] The Defendant is each owner of C(2.98 tons, Soloin 500 E) and D(3.41 ton, Soloin 600 E) of the same Si registry fish farm management vessel in Gunsan City, and is a person who is engaged in fisheries using three of the above fishing vessels as the actual owner of the F (2.24 ton, Soloin 300 E) of the Si registry multimodal fishing vessel in the name of live-in E.
1. At around 17:00 on August 22, 2014, the Defendant of occupational death, occupational ship mooring, was on board the sea, approximately 700 meters away from the end of protruding-off control unit of the management of the Saemangeum Project of the Korea Rural Community Corporation located in the New City/Do Incheon Metropolitan City, Gunsan-si (hereinafter referred to as the “Korea Rural Community Corporation”). D, seafarers G, victims H (5 years old), East Ethmar, I, and Victim J (25 years old), and K (25 years old).
In such a case, the Defendant, who is a captain responsible for the overall control of safety of vessel and crew members, is aware of the risk of being able to collision and re-conscept the vessel by the sudden sort generated by the lock door of the drainage lock, in the event of operation adjacent to the lock door. As such, the Defendant has to maintain and operate operation at least 3 km of a sufficient safety distance from the beginning, and when he becomes aware of the vessel being fast down, he shall immediately cut the line of fishing gear connected (24 meters in diameter) to the fishing gear on the deck of the vessel, and throw the vessel into the sea, thrown away the vessel’s water into the sea, and move the vessel to the sea area by the maximum of two emergency engines (600 ccins) installed in the stern of the said vessel, and have the crew wear the life jackets kept in D in preparation for an accident, or install the vessel’s body or safety diagnosis to protect the safety of the vessel from the safety accident.
Nevertheless, at around 17:00 on August 22, 2014, the Defendant already opened the drainage door on the outside side at the time of commencement of operation.