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(영문) 인천지방법원 2017.01.19 2016고단3642

업무상과실치사

Text

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

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

Reasons

Punishment of the crime

The defendant is the captain of the GGG E (7.93 tons, FRP) of the GGGMMMMMMMMMMMMMMMMMMMMME

피고인은 2016. 4. 5. 06:00 경 인천 옹진군 연평도에 있는 연 평 항 선착장에서 조업을 위하여 출항하여 같은 날 12:50 경 옹진군 F 남방 약 2.2 마일 해상에 도착한 후 미리 해저에 투망해 놓은 안강망 엥 카 닻줄을 갑판 선수 부 우현에 설치된 양망기를 이용해 갑판 위로 끌어올리는 작업을 하고 있었다.

In such cases, the defendant, who is the person in charge of safety management of the crew, etc., has a duty of care to ensure that, when the players on deck are engaged in dangerous work, such as the mass-net work, he/she has a duty of care to move objects, etc. likely to obstruct the work to a safe place, to the victim G (60 years) who conducts anchoring work by cutting anchor line between the two network equipment installed on the on-board deck of the players, and to thoroughly observe the work situation of the crew who operates the two network, and to ensure that safety accidents occur due to the operation of the two network location installed in the steering house before the occurrence of doubtful circumstances, such as accidents, etc.

Nevertheless, the defendant neglected this and he gets the front deck of the steering house at a height of 2m 30m or more, and thus, the defendant did not take measures such as having other crew members, etc. look at the victim's work stage, even though he did not take measures such as having other crew members, etc. look at the victim's work stage.

After all, the defendant caused the death of the victim due to the above occupational negligence in around 13:35 of the same day, such as the frying of the chest, the part of the distribution to the fry, the internal organ damage, and the blood transfusion.