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Defendant shall be punished by imprisonment without prison labor for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the actual owner and captain of a new and coastal complex fishing vessel B (9.77 tons) at the time of leisure, who has overall control over the operation, safety management, etc.
At around 05:20 on January 20, 2018, the Defendant, along with three seafarers on board the said B at the new baseline of the Jindo-Eup, Jindo-si, and entered the port, and, at around 13:10 on the same day, the Defendant, at the port near the northwest-do-do in the same city, had seafarers carry the gate fishing complex fishing gear on the sea by hand.
In such cases, the captain operating a fishing vessel shall frequently check the safety of seafarers so that the line of a door-based fishing complex fishing gear does not fall on the sea by the crew's hand, and shall provide safety education to seafarers, and shall wear life jackets. At the time of operating the fishing gear, the captain has a duty of care to immediately stop the vessel in the event of emergency, such as falling on the sea, etc., by operating the fishing gear at a low speed.
Nevertheless, the Defendant neglected to take measures such as obtaining life-saving consent from the crew, and had C (C, Sri Lankan nationality, 23 years old) move at about 10 knots speed to enhance the efficiency of operation, and had C (C, Sri Lankan nationality, and 23 years old) take the door fishing complex fishing gear at the center of the players of the above vessel with the sea, and let the victim fall at the sea along with the door fishing complex fishing gear at about 400 meters away from the north-do 13:18 on the same day.
Ultimately, the Defendant caused the death or death of a victim in operation due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. A protocol concerning the examination of suspects of the accused in the B vessel documents and BV-PAS port materials;
1. A copy of the report on the situation related to the occurrence of a marine ex officio, B on-site verification photographs, 1.1.