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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the captain of a coastal multi-modal fishing vessel B (9.77 tons).
On December 3, 2013, at around 15:20, the Defendant operated the steering gear and engine at the steering gear of the above fishing vessel, which was in operation on the sea of about 3 math day in the southwest-do, and crew members including the victim C (Nam, 24 years old) who was the four arms of the above fishing vessel, had been operating the fishing gear in such a way that the victim could fall on the sea on the deck of the above fishing vessel at the time. In such a case, the captain of the fishing vessel had a duty of care to change the method of operating the fishing gear to the crew, or to instruct the crew to wear a life jackets to prevent accidents that fall on the sea during the operation of the fishing gear.
Nevertheless, the Defendant, while taking such measures as above, was engaged in the operation of a fishing boat without taking such measures, at around 15:50 on the same day, caused the death of the victim at the E Hospital located in D, i.e., e., the 15:50 on the part of the victim, who was working for the fishing boat thrower in the door fish complex, with fishing boat thrower on the part of the victim's hand, while allowing the victim to be able to enjoy fishing gear on the sea along with the door fish complex fishing boat fishing gear.
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared by the F;
1. A death certificate;
1. Application of documentary evidence photographic Acts and subordinate statutes
1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;
1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant shall be punished with severe punishment when considering the fact that the Defendant committed the instant crime even though he/she had been punished several times due to occupational or resulting in death. However, it appears that the victim’s surviving family members can receive insurance money to a certain extent and receive damage therefrom, and that there is a victim’s negligence in the instant occurrence.