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(영문) 광주지방법원 목포지원 2018.05.25 2017고단1383

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

On July 8, 2017, the Defendant, as the captain of C (4.99 tons) (hereinafter “C”) a composite vessel at the cost of leisure and fishing, had seafarers D and victims E board in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, in order to conduct public fishing operations.

On July 12, 2017, the Defendant directed D and the victim of the fishing gear to carry the fishing gear, while carrying the fishing gear with a fishing gear on board a fishing vessel for about 3.5 nautical miles from the northwest-do, west-do, west-do, west-do, west-do.

At all times, there is a risk that a person, who takes the fishing gear rapidly, might fall into the sea by force, so the defendant has a duty of care to prevent accidents in advance by taking measures such as making the fishing gear tightly in the direction of the steering and taking measures such as the fall on the sea.

Nevertheless, without taking into account the direction of the steering gear, the Defendant did not take the direction of the steering gear into account, and did not take the steering gear around the left port of the victim and did not take the steering force into the sea and caused the victim to fall down on the sea.

Ultimately, the Defendant caused the death of the victim by occupational negligence at that time.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copies of each police statement made to D or F;

1. A copy of the actual survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. The reason for sentencing under Article 268 of the Criminal Act and Article 268 of the Criminal Act regarding criminal facts is that the defendant is committed, and the victim's bereaved family members were paid insurance money, but the victim's bereaved family members were punished for the defendant.

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