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Defendant
A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for four months.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
Defendant
A is the captain of C (8.55 tons, Do-si, Do-si, and fishing boats) who is engaged in the operation of the above fishing vessel, and Defendant B is the captain of the fishing village fraternity E in the racing-si, who is engaged in the overall responsibility for the collection of the dissolution of women within the E Village Joint Fishing Ground.
1. On January 21, 2018, Defendant A, at around 13:11, on the sea of the G PortF located in Simk-si, Defendant A, having five passengers aboard the sea of the G PortF, finished the fishing and was entering the G Port after completing the fishing. At that time, Defendant A was engaged in the gathering of 10 sea ginsengs, including the victim H (V, 68 years old) from among the number of G ports at that time, and the Defendant was aware of the aforementioned gathering work after being notified in advance.
In such a case, the Defendant, as the captain of the above C, thoroughly takes the front-time week, and, if passengers, etc. do not secure the view, he must move passengers for safe sailing to a place where no view is visible, and there was a duty of care to prevent the occurrence of accidents, such as sailing by avoiding the underwater work place, and safe entry of women after the completion of their work.
Nevertheless, the Defendant did not confirm whether or not a female under work in the ship's port after shipbuilding and entering the above ship's port, but did not instruct the passengers to move to a place where it is not visible, even though five passengers are fishing on the stem deck, even if they are not completely secured, and the victim and the victim who were engaged in collecting marine products at the time did not discover the female left on the sea and did not enter the ship's back on the part of the ship's port as soon as possible after completion of the work on the part of the ship's port, and after completion of the work on the part of the victim who was injured on the water.
Ultimately, the Defendant caused the victim by occupational negligence above.