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

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

Punishment of the crime

The defendant is the captain of Busan Coast Guard D (129 tons, E), who is responsible for navigation and boarding of a ship, and safety management at the time of operation.

Despite the occupational duty to prevent safety accidents, such as checking whether seafarers work on deck and moving it to a safe place at the time of work to ensure safety of seafarers, in light of the characteristics of the operation of a sea-net fishing vessel 24m high-speed fishing using such water, the Defendant, at around 02:45 on November 10, 2016, 32 math (24-5 Y, 32-49 N, 126-06 E) of Seopo-si, Seopo-si, Seopo-si (24-5 Y, 32-49 N, 126-6 E), had the victim do so by negligence without checking whether seafarers work on deck and without making it clear whether it is safe to do so, and caused the victim to do so at the center of the victim’s est and 4th deck installed in the above D D D D vessel’s vessel’s death (one by taking it out, etc.).

Accordingly, the defendant caused the death of the victim due to occupational negligence.

Summary of Evidence

1. Legal statement of witness G;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes governing certificates of medical records;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [Scope of the recommended sentence] The basic area (from August to two years) of Article 62(1) of the Criminal Act [the person subject to special sentencing] [no person subject to a sentence] has any history of being punished exceeding a fine, and there is no history of being sentenced to punishment exceeding a fine, the bereaved family compensation insurance for fishing vessel crew members’ accident compensation and funeral expenses are paid to the bereaved family members, and the same kind of punishment is paid.