Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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

The defendant is the master of a towing C (88 tons) of a towing boat.

At around 10:30 on November 1, 2013, in order to undergo a towing power (power to tow and sail another vessel or object) from the Korean vessel level, the Defendant had a diving investigation D (year 56) and auxiliary diving E perform the work of removing foreign substances on deck and supervised the work process on deck.

In such cases, the captain has a duty of care to prevent accidents in advance by thoroughly examining persons working in the water and checking the location of a device to start a ship engine and control a propeller before the engine engine operation (a system to control a propeller) with the completion of underwater work.

Nevertheless, the Defendant neglected to do so and misleads the victim of the completion of work on land, and led the above tugboat engineer F to start the engine, and led the victim to a propeller who takes a part in the removal of foreign substances in the course of the felbing of the felb from the feld felc, by giving the felcer F a direction to start the engine.

Accordingly, the defendant caused the death of the victim through occupational negligence, such as double pelscages and pelscages.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol of inspection;

1. A certified copy of a autopsy;

1. Application of field confirmation photographs and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201).