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(영문) 인천지방법원 2016.09.22 2016고단5583

업무상과실치사

Text

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

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

Reasons

Punishment of the crime

The defendant is also the owner and captain of the Han River Net B (7.93 tons, FRP) fishing boat B (7.93 tons, FRP) to improve the cost of loading at the Cheongjin-gun, Incheon po

On July 4, 2016, around 13:30 on July 13:30, 2016, the Defendant boarded C and the victim D (48 tax) on a crew member, leaving the port of operation, and, around 15:30 on the same day, left the port of operation, the Defendant: (a) instructed the crew member, etc., to draw fishing gear to take the fishing gear by using a water network installed on deck, etc. on the deck, which is about 10 math day of the appeal.

In such cases, the Defendant, as a vessel and safety manager, has a duty of care to prevent accidents, such as the occurrence of physical parts between the crew who operate the two-net equipment installed on the on-site deck between the players, and the crew who manipulates the two-net equipment, etc., should thoroughly provide safety education prior to the work to the crew, and the crew who manipulates the two-net equipment should be given a relatively large number of operational experience to the crew. The crew who carefully observe the working conditions of the crew who operates the two-net device at the steering house, etc. before the accident occurs, and to prevent accidents such as the direct operation of the two-net position, the physical part between the crew, etc.

Nevertheless, the Defendant neglected this and caused the victim who did not have any operation to operate the burgical apparatus, and caused the victim to damage to the burgical equipment installed in the steering house on July 4, 2016 by negligence in the course of business, which did not take any measures such as the failure to operate the burgic operating location installed in the steering house, even in the situation where most physical parts of the body pass between the burgr from the upper part of the victim's upper part of the burg and the burgr, and the presumption of damage to the burgic body, durging, internal damage, and surgical blood transfusion at the burg of Incheon Jin-gun, Incheon Metropolitan City Medical Center, 233.