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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
The defendant is the captain of the port fishing boat C (28 tons) with the port-to-port fishing boat C (28 tons) with the responsibility for fishing operations and safety management of seafarers in Gyeongcheon-do.
On January 21, 2016, the Defendant instructed the victim E (E, 28 years old) of Indonesian nationality, when sailing at a speed of about 350 degrees, speed of about 0.5 to 100 degrees, at a speed of about 0.5 nautical miles at the 11.5 nautical miles south of the Republic of Korea, which is in the desire site at the city of Gyeong-nam, the Defendant directed the victim who was under the atmosphere at the speed of 11.5 nautical miles of the same line.
At the time, the weather was high due to the strong wind and high wave, so that the hull was seriously required to operate on the left by left and by left, and the fishing gear stockpiled on deck was automatically operated to the sea through the stern as the vessel gets out.
In such a case, the Defendant had a duty of care to prevent marine crash accidents of seafarers, such as moving to a safe sea area to prevent seafarers from getting off the deck or getting off the deck until the safe operation of the vessel is completed, because there was a risk of falling on the sea, which would result in a fall on the sea, of the seafarers working on the deck.
However, the defendant thought that there is no particular job like usual, and carried out the project, and the defendant did not evacuate the seafarers working on board from the rest of the ship that was urgent to the operation of the ship to the safe place.
As a result, the defendant was placed in the vicinity of the fishing gear projected by E, a damaged seafarer due to the above occupational negligence, and went beyond the center due to the ship's operation, resulting in the death (the next death) by falling into the sea of the victim's right development on the fishing gear.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F, G, and H;
1. A protocol of autopsy and a medical certificate of death;
1. Each report on investigation;
1. Application of each statute on photographs;
1. Relevant Articles and choice of punishment concerning facts constituting the crime;