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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the captain of Jung-gu Coast Guard Fishing Vessel D(9.77 tons) in Incheon Jung-gu.
On November 15, 2013, at around 15:35, the Defendant, at approximately 11 nautical miles in Incheon Spole-gun E, directed crew members, such as the victim F (the age of 32) at the 11 nautical miles in the northwest-gu, Incheon, directed crew members of the 11-nautical miles. The Defendant had been engaged in the operation of fishing gear by linking the 50 meters mix to the spoke net fishing gear.
At the time, the fishing vessel was not able to carry a fishing line and a vertical line, and the salted fish on the fishing net was found to be more than twice the normal, so in such a case, the Defendant, the captain of the fishing vessel, was obliged to take a duty of care to prevent accidents in advance by checking whether there is anything wrong with the fishing gear, and by preventing an excessive fluence in consideration of the amount of the sphere, taken into account the sphere with the fishing and fishing net.
Nevertheless, the defendant neglected to do so and caused excessive fluority to fishing gear and lifts by negligence while working as it is, and the above fluoring line was cut, and caused the victim who observed the fishing net in the players to the price.
As a result, the Defendant caused the victim to die of multiple prolonged damage due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police in relation to G, H and I;
1. A copy of a death diagnosis, a copy of a autopsy report, and each entry of the operational chart at the time of the accident;
1. The application of Acts and subordinate statutes to images and descriptions of a copy of an accident situation photograph;
1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing);
1. Sentencing sentencing criteria for similar cases: April to October of the credit cooperative, within the scope of sentence, and the area where the types of traffic accidents by the traffic crime group are mitigated;
2. Although the result of the instant crime in which the victim was dead was found to be hot, the Defendant’s attacked at the time of committing the crime.