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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

At around 14:55 on November 9, 2019, the Defendant was the captain of B (153.95 tons) who is the person in charge of safety of the said vessel. At around 4:55 on November 9, 2019, the Defendant carried the water and anchor above deck using a bareboat device in the form of 47 nautical miles of the Cwest bank in Jeju-si, ordering the crew to take back to the roller of rubber material.

In such cases, the defendant has a duty of care to prevent accidents that may occur in the course of the work by making the crew in charge of the double net roller work know the danger of the work, to instruct the crew in charge of the work to maintain the safety distance during the work, and to thoroughly conduct safety management education, such as monitoring or preventing assistive personnel who can monitor or prevent the process of the work or the risk of accidents, etc., and to immediately manipulate the position of blocking and stop the operation in the event of an emergency.

However, after the first departure of the crew, the Defendant instructed the victim D (ma, 58 years of age) who was not well aware of the working method, and did not place assistive human resources without providing safety education to the victim D (math, 58 years of age) who did not know about the danger of the work, and did not carefully look at the situation of the victim's work, and caused the victim's body to move the victim's body as a two-way with the victim's hand, who did not take care of the situation of the victim's work.

The Defendant caused the death of the victim by occupational negligence due to the pressure harming the part of the body part of the victim’s workplace.

Summary of Evidence

1. The defendant's written statement E and the F written statement by each police officer;

1. G statements;

1. A written autopsy report, a photograph of confirmation of the body of a deceased person, a written verification of the body of a deceased person, a autopsy and appraisal report, and a vice inspector;

1. B On-site verification photographs;