Defendant shall be punished by imprisonment without prison labor for six 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 the Incheon Southern-gu Coastal Coast Guard C (8.55 tons).

피고인은 2015. 11. 9. 04:50 경 인천 중구 연안 부두에서 조업을 위하여 출항하여 같은 날 10:00 경 인천 소 연평도 남동 방 약 23해리 해상에 도착한 후 같은 선 단인 D 등 어선 4척과 함께 닻 자망 어구를 설치하고 새우를 잡는 조업을 하던 중 같은 달 18. 06:30 경 같은 선단 D 선장으로부터 ‘ 조업 그물을 옮겨야 하는데 땟 마( 부속선 )를 보낼 테니 선원들을 옮겨 태우라’ 는 연락을 받고 위 D 부속 선인 E가 C 우현에 계류하자 선원인 피해자 F(41 세) 과 G를 E에 옮겨 타도록 지시하였다.

In such cases, when the defendant, who is a person in charge of safety management of the work and crew, instructs seafarers to move from the sea to another ship on the sea, he/she has a duty of care, such as allowing seafarers to safely move to the ship in the state where the ship does not be punished due to the influence of algae, etc., by simply linking the stemhead with the line. In case of falling on the sea, he/she has a duty of care, such as allowing seafarers to wear life jackets in preparation for the fall on the sea.

Nevertheless, the Defendant was negligent in moving the victim, etc., who did not wear a life jackets in a timely fashion while having connected C and E only with C and E, to E, even though they were in a situation where the failure to wear a life jackets from 1m to 1.5m, and did not look well, and caused the victim to fall into the sea by taking a steel plate around C and E, going off and fall into the sea.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A situation report from one to eight beams

1. Application of Acts and subordinate statutes, such as C and E ship photographs;

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

1. Article 62 of the Criminal Act: