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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment without prison labor for eight months, and by imprisonment without prison labor for six months.
, however, the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court against the Defendants (i.e., one year’s imprisonment without prison labor for Defendant A, and (ii) Defendant B’s imprisonment without prison labor for 10 months) is too hot or too hot (the Defendants).
2. The judgment of Defendant B is responsible for preventing all accidents in the ship as the captain. Since the accident area of this case is the Jeju inshore and a small small-sized fishing vessel, the captain is required to directly navigate or direct navigation, despite the captain's failure to do so, Defendant A, who is not qualified as a mate due to the absence of the surrounding vessel and the reason why the number of people is insufficient, has been seriously affected by the breach of the duty of care in light of the occurrence of the accident in this case during the bend in the bend, and Defendant A, even though he was well aware of the fact that he is disqualified, was negligent in performing his duty of inspection while driving the ship of this case, thereby resulting in the occurrence of the accident in this case, and the result of the death of victims, etc. is very serious.
However, in light of the favorable circumstances such as the Defendants’ recognition of the instant crime and the fact that there is no other criminal history other than the sentence of fine twice for the instant crime, Defendant A did not want to punish the Defendants; the victim G’s bereaved family member X did not want to punish the Defendants; and the victim H’s bereaved family members already paid a total of KRW 100 million for the victims H’ bereaved family members; and furthermore, the Defendants deposited KRW 30 million as consolation money for the victim H’s bereaved family members; and other Defendants’ age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime; and the circumstances after the crime are considered, the lower court’s punishment against the Defendants is somewhat unreasonable.
We accept the defendants' unfair arguments in sentencing, and the prosecutor's improper arguments in sentencing are not accepted.