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Defendant shall be punished by imprisonment without prison labor for six months.
However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is the captain of an known composite fishing vessel D (9.77 tons) who is responsible for the operation of the said fishing vessel and the safety management of the crew.
On April 8, 2018, the Defendant: (a) 03:46, around the southdo Dondondondon Ydondon, on the crew member E (42 taxes) and F; (b) she set off a door fish farm for the operation of the door fish farm; (c) around 04:20 on the same day, the Defendant instructed the victim and F to operate a door fish farm with 1,500 fishing gear using both nets from the time of arrival at the sea near the Ydondondon Ydondon; (d) around 07:00 on the same day, the Defendant instructed the victim and F to carry the fishing gear on deck.
In such a case, the Defendant is a captain required to promote the safety inside the ship with the interest on the person responsible for the work, and when a rope connected with the fishing gear falling down in high speed on the sea is reduced to the body of the person engaged in the work on the ship, the Defendant has a duty of care to instruct and supervise the operation of the steering network, which is a dangerous work that may be towed by the person engaged in the work to the sea, taking into account the degree of the skilledness of the person engaged in the work, mobilization of the appropriate number of workers, and control the situation of the work strictly, thereby preventing safety accidents in the ship.
However, the Defendant did not provide safety education and instructed the victim and F to carry the operation of fishing gear, and did not properly supervise the carrying of fishing gear, and did not instruct the victim to be equipped with equipment in preparation for the case of falling on the sea, such as life jackets, and did so to the victim by negligence, which caused the victim to enjoy the operation of the fishing complex in the middle of 2 nautical miles on the same day, and the head of the Namdo Gun around 07:16 before the same day, the victim got the fishing gear on the left cover of the victim’s left cover, while the victim was towed into the sea along with the door fishing complex.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. Each situation report and each internal investigation report;
1. Protocol of inspection;
1. A death certificate;
1. On-site photographs;