All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The punishment of the court below (one year and six months) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

It is favorable that the defendant's mistake is recognized, that the defendant deposited 30 million won in this court, that there is no criminal record exceeding the same kind of criminal record or fine, and that the ship operated by the defendant is covered by the fishing vessel accident compensation insurance.

On the other hand, considering the fact that two persons were killed by the negligence of the defendant, three persons were dead, etc., and the result of the crime was very serious until this court did not agree with the victims, the victim's bereaved family members want to punish the defendant, the total limit of the fishing vessel accident compensation insurance is 2.10 million won, and the amount of the defendant's deposit is 30 million won, it is disadvantageous to the victims that the damage recovery is insufficient.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.