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(영문) 광주지방법원 목포지원 2015.01.16 2014고단1739

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for 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 B (13 tons, 6 passengers on board) (13 tons, 13 passengers on board) which is an inshore anchor net fishing vessel in the registry of the Haan-gun.

On March 19, 2014, the Defendant: (a) around 11:40 on March 19, 2014, 11:40, at the bottom of the Sinsan City 0.2 miles, anchor lines (60m in length, approximately 9m in diameter) installed at the sea to replace the right side tag of the anchorer net ( approximately 200m in length, about 4m in width) installed at the sea; (b) 10m in flow with a sea network device; and (c) was attached to the pole at the center of the center deck of B to prevent the anchor lines from being pushed down to the stern; (d) at the speed of 5m in width, the Defendant was at the speed of 37m in the center of the sea-bed deck; and (e) at the time, the victim C (54m in width) was at the center of the sea-bed.

In such cases, as a strong strength has occurred in the anchor line on the port deck of B, and the pole be able to vary with seafarers on the central deck part of B, the captain has a duty of care to safely operate vessels in order to ensure that the safe operation of vessels does not occur after checking whether the flat click force can be ethyl or not, and whether the crew have evacuated to the safe vessel.

그럼에도 피고인은 이를 게을리 한 채 선원들이 모두 안전한 선미 쪽으로 대피하였는지 여부를 확인하지 않고 그대로 진행한 과실로 닻줄에 강한 장력이 발생하여 그로 인해 좌현 쪽 기둥받침대가 부서지고 닻줄이 튕기면서 피해자 C의 이마 부분 및 피해자 D의 가슴 부분을 각각 강타하게 하였다.

The Defendant by occupational negligence caused the victim C to suffer bodily injury, such as cerebrovascular, for which it is impossible to identify the number of days of accurate treatment, and caused the victim D to suffer approximately four weeks.