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Defendant shall be punished by imprisonment without prison labor for six 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.
Reasons
Punishment of the crime
The Defendant, from February 21, 2014 to June 25, 2015, worked as the captain of the offshore gratory fishing vessel C (153.95 tons) of the ship and crew at the time of the remainder of the ship from around February 21, 2015.
On June 20, 2015, the Defendant, at around 11:00 on June 20, 2015, performed the operation with C crew, such as the victim D (51) at the 11-nautical miles-do, Dando, Manan-do, Chungcheongnam-do, North Korea.
In such a case, the defendant had a duty of care to prevent accidents in advance to prevent seafarers in the surrounding area from getting out anchors on the sea by providing sufficient safety education to seafarers in advance and inspecting the connection status of the lines connected with the fishing gear.
Nevertheless, the Defendant neglected this and operated the list as it is without checking whether the crew had avoided the anchor around the anchor, and the Defendant, at around 11:55 on the same day, 11:5 on the 11st nautical miles of the west-gun, Chungcheongnam-do, west-do, the Defendant, at the sea of the 11-nautical miles of the North-do, anchored to the victim who was in the vicinity of the anchor on the east
Ultimately, the Defendant suffered injury to the victim, such as the 14 weeks of medical treatment by occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A medical certificate;
1. Application of Acts and subordinate statutes on reporting internal investigation (victim D telephone communications);
1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;
1. The reason for sentencing under Article 62(1) of the Criminal Act (the following reasons for sentencing) appears to be against the defendant's wrong recognition, and the victim's negligence appears to have been partly found in the occurrence of the instant accident, the injured party does not want the punishment of the defendant, and the defendant is subject to criminal punishment for the same kind of crime before.