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

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

Punishment of the crime

On November 13, 2015, the Defendant, around 12:38, at the 23-nautical miles southnam Black-gun, Black-gun, Black-gun, Black-do, south East-dong, and the Defendant was serving aboard the ship on the captain B and resisted by the breadth.

At the time, the wind spacism came into effect, and has been very high custom and wave, so in such a case, the defendant, as the captain, has the duty of care to start the voyage after having the crew wear a life spacing to prepare for various emergency situations, such as the spacing of the ship, and ordering the crew to wait at a safe place in the ship. In similar cases, the crew taken measures to get out of the ship room to get out of the ship, and whether all the crew have evacuated with the ship room, etc.

Nevertheless, the Defendant neglected the above duty of care and ordered the crew to be exempted from the life jackets and withdraw rest, and the crew did not confirm that all of the crew entered the steering room, but did not enter the steering room due to negligence attempting to escape from the port, and the victim C(56 years old) on deck, who was on deck, fell on the sea, and caused death on the same day as the next day.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to a situation report, a fact-finding report, and a fact-finding report;

1. Article 268 of the Criminal Act and the choice of punishment by imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 3 (Occupational Negligence, Gross Negligence, Death, etc.) (Special Mitigation) of the range of recommending punishment where there is considerable negligence in the occurrence of an accident or the expansion of damage to a victim, even though the victim has been subject to special mitigation (two months to ten months).

2. The fact that the defendant has no power to punish in addition to two minor fines, and that he/she has agreed with the victim's bereaved family members.