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

However, 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 a person who engages in fishery as a captain of the B(24 tons) of a coastal fishing vessel (24 tons) near the coastline of the west-gun, Chungcheongnam-gun.

On May 3, 2015, the Defendant entered the sea (fix 36-09-90N, 126-29-12E, 126-12E) near the luminous Gambane located one-day away from the red port in the west-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do on May 3, 2015.

B When a fishing vessel is wreckedd with rocks, it was requested to provide assistance to C, the owner of the above ship, and was off from rocks while connecting D's players on board C from 03:0 to 03:20 on the same day with the above B's line, and was off from the rock.

The Defendant directed the Victim E (E, 40 years of age, Vietnam) who is a seafarer to raise a tugboat used in a towing. On the same day, at around 03:28 on the same day, the Defendant came to attract a towing log (50 meters of width, 20 meters of length) using a double net device installed in the Smi port.

There is a risk that the crew's work action is restricted due to the hull sucking in the wave, the sea water sucking deck, and the water-proof work clothes worn by the crew, etc. when using the gnet machine, there is a risk that the body can be seen as a double-net roller while the clothes, etc. are protruding in the double-net machine and the body is entering the double-net roller.

In such cases, the defendant responsible for the overall control of the safety of vessel and crew has a duty of care to inform the seafarers of the danger of the mass-net work, to thoroughly conduct safety management education, such as maintaining the safety distance from the mass-net, to place the seafarers with extensive experience in the mass-net work, to instruct them to work in two groups, to monitor the steering house, etc., and to ensure that there is a danger that the seafarers are engaged in the mass-net work in the steering house, and to immediately operate the mass-net system location installed in the steering house so as not to cause any accidents.

Nevertheless, the defendant neglected to do so and neglected to do so to the victim, etc., on the guidelines and risks of the two-way work.