The appeal is dismissed.

The grounds of appeal are examined.

The court below acquitted the defendant, the captain of the tugboat, on the ground of the reasons indicated in its reasoning, on the charges that the defendant was guilty on the charges that the defendant violated the duty of occupational duty to prevent collisions on the ship while operating a tugboat and caused the collision to die on the sea because weather conditions have deteriorated while sailing the barge, the captain of the tugboat shall check in advance the risk factors that the anchor line may fall on the river wind and wave, and the crew of the tugboat shall be increased in preparation for the loss of anchor to be unloaded, and the victim, the responsible person of the barge who was instructed to anchor to anchor, should wear safety lights for preventing the anchor and life jackets, etc., and the victim, who was the captain of the tugboat, died on the sea in violation of the duty of care to prevent collisions on the ship. In light of the records, the judgment below is somewhat insufficient in its reasoning to determine whether the crew of the captain of the tugboat and the barge was in the direction and supervision relation between the captain of the tugboat and the barge. However, the evidence submitted by the prosecutor alone is insufficient.

In light of the above, the defendant's negligence and the defendant's failure to prove the death of the victim without any reasonable doubt, it is just to find the defendant not guilty, and there is no error in the misapprehension of legal principles as to the degree of duty of care in the crime of occupational negligence and death, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.