The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (one year of suspended sentence in six months of imprisonment without prison labor) declared by the court below is too unhutiled and unfair.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant led to confession and misjudgment; (b) the medical expenses for the victim C (hereinafter “victim”) are being paid through the above insurance because the instant fishing vessel was subscribed to the National Federation’s accident compensation insurance for fishing vessel crew members; (c) the victim brought a lawsuit against the Defendant and the owner in the Changwon District Court in accordance with the result of the said lawsuit to compensate for damages; (d) the Defendant is liable for damages against the victim according to the outcome of the said lawsuit; and (e) the Defendant has no same power, and there is no penalty power exceeding the fine.

However, the crime of this case was committed by the defendant as the captain of the fishing vessel of this case, and the crew around the port rail prior to anchoring, and the victim's family members failed to make efforts to restore damage to the victim's family members by failing to make efforts to prevent the damage to the victim's body and anchoring, while neglecting his duty of care, and by failing to do so, leading the anchor to cover the anchor on the part of the victim's head, which caused the damage to the victim's head, such as the escape of the head head head, mixed water in which the victim's treatment days cannot be known, and the case was not easy. In full view of the following circumstances: (a) the victim's family members were punished against the defendant; (b) the defendant's environment and circumstances were the result of the crime of this case; and (c) the court below's oral proceedings and circumstances were considered.