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

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

Punishment of the crime

The defendant is the person responsible for operating aggregate extraction barge D (3,755 tons) as the captain of Incheon Shipping C (251 ton) and is a person in charge of conducting overall supervision over the field supervision of aggregate extraction and safety management.

On March 1, 2015, the Defendant: (a) completed the work of extracting aggregate from sea on the southwest-gun E at approximately 9 nautical miles (F) southwest-gun, Chungcheongnam-do and loading aggregate on the said D and continued the work of linking the said C with the said D in towing.

At night, since the wind is very wind and high, so in such a case, the captain responsible for safety management has a duty of care to prevent safety accidents in advance, such as ordering the seafarers to wear life jackets and to provide rescue equipment such as life jackets in the vicinity of the work site so that two seafarers on board the above D can safely connect them to the string. On the other hand, the captain responsible for safety management has a duty of care to prevent safety accidents in advance, such as ordering the seafarers to wear life jackets and preparing for a rapid fall at sea.

Nevertheless, the Defendant neglected to do so and failed to wear life jackets on the stem deck of the above D, and caused the death of the victim G (59) who was a seafarer, who was engaged in the work, to connect the towing that was transferred to the above C, with the color of the towing that was taken over in the above C, thereby getting the victim G (59) away from the center and falling on the sea.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of investigation reports (referring to the situation at the time of an accident and whether a missing person is dead);

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: the defendant recognized and reflected his own crime.