Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the general manager responsible for the safety of the vessel and crew as the captain of the inshore transit fishing vessel B (74 tons).

Around 14:00 on September 21, 2013, the Defendant directed the victim C (5 years of age) and the seafarers to carry out the operation of a fishing gear with a speed of about 5 to 6 knotss at the 140-day East Eastern 140 Ethmp (36-50N, 132-20E) on the 24th day of the same month, when the Defendant goes to the port of Ulsan-gun, the Defendant, along with 11 seafarers, on board the said port B, and depart from the port of Hong-gun.

Since the operation of a fishing gear is conducted at the speed of 5 to 6 knotss, it is dangerous that the body part may fall into the sea with the reduction, and the victim goes on board the above B from the 1st day of the same month before the 20th day of the same month. Therefore, the defendant has a duty of care to prevent accidents, such as providing safety education to the victim, etc.

Nevertheless, the Defendant neglected this and failed to provide safety education to the victims, and ordered the operation of the throw-out fishing gear, and the victim felled on the sea to the original line, thereby causing the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, E, F, G, and H;

1. Application of the Acts and subordinate statutes to the situation report, information on entry into and departure from ports, actual situation survey report, situation map at the time of fall, field photographs, and internal investigation report (case of the ventilation type map);

1. Relevant provisions of the Criminal Act and Article 268 of the Criminal Act regarding criminal facts and the choice of punishment (including the fact that there is no record of punishment except for the punishment imposed once on the accused, that there is no record of punishment, that the bereaved family members of the victim have agreed with the owner, that the accused has led to confession of and reflect against the crime, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;