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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the captain of the Handol Fishing Vessel C (9.77 tons) in order to improve the cost of loading of the Incheon Vindication-gun.

On August 18, 2016, at around 06:52, the Defendant departed from the port of the Sogyeongdo, Incheon Cheongjin-gun, Incheon, at around 07:55 on the same day, and arrived at the sea of approximately 2 Ma days (North Korean east E) south of the Sogyeongdo, and then changed the anchor of the e-mail improvement net net fishing gear before the arrival of the port of the same day.

In such cases, the Defendant, who is a person in charge of safety management of crew members, has a duty of care to thoroughly conduct safety education prior to the work with the victim F (56 Do) engaged in the operation of anchor lines between the two nets, and to carefully observe the status of the work of the crew operating the two nets, and to prevent the occurrence of safety accidents due to the direct operation of the two-net position installed in the steering house, etc. before the occurrence of doubtful circumstances such as an accident in the course of the mass net work.

Nevertheless, the Defendant neglected to do so and did not take measures such as not checking the situation of the victim’s work, etc., and caused the victim’s right retail to kid up the part of the victim’s body.

Ultimately, the Defendant caused the death of the victim from the Incheon Spole-gun G around 08:40 on the same day due to the above occupational negligence, such as a shock of low blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes governing de facto survey reports, death diagnosis reports, autopsy appraisal, and on-site photographs;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor (including the following unfavorable circumstances):

1. 【The grounds for sentencing of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution 【The scope of the recommended punishment 】 The scope of occupational injury and actual injury (type 3) [4 - 10 months] the area of mitigation [4 - 10 months]: Where the victim was negligent due to the occurrence of the accident even if the victim was also at fault, the general mitigated person: Deposit of money equivalent to the amount (10 million won) and purchase of the insurance (the owner of the ship).