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(영문) 창원지방법원 통영지원 2019.08.29 2019고단354

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person on board as a captain, who is a general manager for safety of inshore transit fishing vessels B (70 tons) in Busan Youngdo Port.

On November 14, 2018, the Defendant instructed the victim C(37 years of age) who operates the two network servers located above the deck of the on-board on the sea, at approximately 26 nautical miles in the south East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East, to perform the operation of the throw-out fishing gear throw-out net at the sea, which is covered by the sea.

In such a case, the Defendant, as a general manager of safety who instructs work, should check safety by checking the crew's safety accident prevention education and work progress from time to time, and in particular, when he operates a two-netr to commit the operation of a two-netr, he has a duty of care to properly maintain the strength of the two-line bound in the upper line so that the safety can be carried out safely, thereby preventing safety accidents.

Nevertheless, the Defendant neglected the above duty of care and caused strong strengths in the process of driving the two-way to the two-way line, and thereby ordered the two-way line operations without fulfilling the duty of care required for the overall operation of the two-way line, such as neglecting the supervision over the two-way line, and neglecting the two-way line at around 12:00 of the same day, and neglecting the left face of the victim who was operating the two-way line by the sex action of the two-way line.

Ultimately, the Defendant suffered from the victim’s injury, such as red nautical miles on the shores of the shore, and emitting external wounds, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement A and D;

1. A medical certificate;

1. A copy of medical records; and

1. B dry field work method per 1 sheet;

1. One set of two networks per one;

1. Each report.