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(영문) 광주지방법원 목포지원 2014.08.08 2014고단624

업무상과실치상등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the captain of C(19 tons) who is an inshore fishing vessel.

1. On October 13, 2013, around 13:00, the Defendant: (a) instructed the victim E (year 44) to attach a fishing net to the reduction of a bundled fishing gear at the sea (a fishing vessel’s deck) on the 3-math day of the southwest-west, Incheon Strengthening-gun, Incheon; (b) around October 13:0, 2013.

Since the place is a sea area with strong algae, in such a case, the captain has a duty of care to prevent accidents by reducing fishing gear so that the captain is not obliged to properly operate the steering gear and to reduce the fishing gear, taking into account the steering gear, etc. while keeping the condition of the fishing gear that is boomed in the steering house.

그럼에도 피고인은 이를 게을리 한 채 어구 줄에 가해지는 장력에 대하여 주의를 기울이지 아니하고 그대로 양망기를 작동시켜 그물을 끌어올린 과실로, 과도한 장력이 가해진 어구 줄이 끊어지면서 튕겨져 나가 피해자의 양쪽 다리 부분을 충격하게 하였다.

Ultimately, the Defendant caused the victim to suffer injury, such as pulverization of flaversing executives who need approximately 16 weeks of treatment by occupational negligence as above.

2. On October 31, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) : (i) on the player deck of the above fishing vessel operating on the sea of approximately 13 miles in the 13-day Incheon Spoman-gun, Incheon, for the reason that the victim G (50 years of age) does not follow the work instruction; (ii) on the ground that the victim G (50 years of age) does not follow the work instruction, the Defendant was going to the inside part of the victim; (iii) the hacks for work, which is a dangerous object ( approximately 30 cm in length), and (iv) the plastic insertion ( approximately 120 cm in length), which is a dangerous object, is threatening to the victim, and (v) the back part on the left side of which the victim is unable to know the number of days of treatment.