Text
Defendant
A Imprisonment for a year and six months, and Defendant B shall be punished by a fine of 2,000,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A is the captain of E (27 tons, YYYYY, nine persons on board the ship, 20.41m in length, 4.5m in width) who is the captain of the Gu, and the defendant B is the owner of the E.
1. Defendant A
A. On August 30, 2017, the Defendant: (a) around 02:40 on August 30, 2017, the Defendant: (b) loaded a total of 30.5 tons of a total of 30.5 tons of fishing gear and goods necessary for fishing on deck, such as 697 (No. 9.85km per opening) through the said vessel at the port of the south-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the area of which was 100 tons.
그 당시 동해 남부 먼 바다에는 풍랑 주의보( 파고 2~3, 풍속 10~12 ㎧) 가 발효 중이었기 때문에 선박의 안전 운항을 책임지고 있는 피고인으로서는 이러한 상태에서 항해를 할 경우 선박이 파도로 인해 복원력을 상실할 수 있으므로 적 재물의 중량을 줄이거나 적 재물이 선박의 한쪽으로 쏠리지 않도록 결박하는 조치 등을 통해 선박의 좌우 균형을 유지하여 안전하게 운항하여야 할 업무상 주의의무가 있었다.
Nevertheless, at the time of the above departure, the Defendant neglected this and left the port as they left the port, even though the above vessel was fluenced on the water loaded on the water, and on the same day, even though the above vessel continued to be fluent on the sea 20 nautical miles in the north-west-west, the Defendant, at around 04:30 on the same day, did not take measures such as dumping property at sea, but was operated as it was due to the negligence of operating the above vessel without taking any measures such as dumping at sea, and led the vessel to be restored rapidly by the vessel’s collision at once by a tax chain.
As a result, the Defendant, at the same time as a guardian of the above-mentioned vessel, went missing from the victim F(65), G(56), H(49), I(63), and I(63), respectively. At the same time, the Defendant went missing from the victim J(45) and K(54).
(b).