특정범죄가중처벌등에관한법률위반(선박교통사고도주)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
1. Summary of grounds for appeal;
A. Defendant: The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.
2. We examine both of the judgment parties’ unfair claims for sentencing.
The Defendant got away from the site without any relief measure while collisioning the damaged vessel at night with lurgicism at night.
Unlike the collision accident of vehicles on the surface, the victim can be aware that the victim may die if he/she fails to immediately rescue the accident and if he/she leaves his/her life within several minutes, he/she is unable to rescue the victim on his/her behalf because it is difficult for a third party who is aware of the occurrence of the accident to recognize the situation promptly and easily. Thus, if he/she runs away from the site without a relief measure even though he/she causes a collision accident, he/she has the risk that the damage may be extended to the extent that it cannot be caused by the collision accident of vehicles on the ground and can not be restored.
In addition, such risks may occur not only to the victims of the collision accident of this case, the defendants who caused the accident, but also to the fishermen engaged in the same type of business. In the event of maritime collisions, any person, if at the site of the accident, may expect the person in charge of rescue operations, such as tidal waves, even before arrival at the site, unless there are special circumstances, it is always unreasonable to expect the person in charge of rescue operations, such as tidal waves, to keep him/her out of the way of rescue.
However, the defendant, who is a cargo, judged that he is not responsible and aware of the collision accident of the ship that he caused, and caused the loss of the same structure to sea water.