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(영문) 인천지방법원 2014.09.01 2014고정1300

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the captain of Incheon Coast Guard C (7.93 tons, FRP).

On July 3, 2013, at around 16:00, from the 16:00, the Jeju Jeju Jeju High Port and the same month.

5. At around 08:00, the digging industry of Incheon Spotter-gun also instructed the victim D (50 years of age, south) to perform the removal work of the boom-gun installed on the fluor of the fishing vessel during the fishing gear net operation at the sea near the 4.5 math day.

In such a case, the Defendant had a duty of care to prevent seafarers from being injured due to a strong route by taking measures such as removing a tension with each other, before giving work instructions, such as removing the lines caused by a tension between them in the fluoral net of a fishing vessel.

그럼에도 불구하고 피고인은 로프가 양망기에 걸려 과도한 장력이 걸리는 것을 알고 있음에도 아무런 조치를 하지 않은 과실로, 피해자가 양망기를 양 손으로 잡아 올리자 양망기에 감겨있던 장력이 강한 로프가 순간적으로 튕기면서 피해자의 오른쪽 안면부 및 어깨 부분을 때려 약 8주간의 치료를 요하는 좌측 쇄골 원위부 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;