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(영문) 대전지방법원 서산지원 2015.09.11 2014고단1094

업무상실화

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the person who is on board as the head of the offshore operate fishing vessel B (29 tons, FRP) of Jindo-gun's shipment in Jindo-gun.

The Defendant is the head of an agency responsible for overall management, maintenance, etc. of various machinery, tools, electric equipment, etc. installed in the above vessel engine room. The Defendant has a duty of care to frequently conduct safety inspections on electric equipment, etc. in the engine room and prevent fire by checking and maintaining electric installations and replacing sworn electric wires. Since the above vessel has been on board 20 years elapsed since there was a high probability of fire due to excessive electric consumption during navigation or operation on the sea, there was a duty of care to prevent fire by performing safety inspections on electric equipment, etc. in the engine room from time to time.

Nevertheless, even though the Defendant discovered an old electric cable, such as offing off the flat clothes, the Defendant did not replace it, but caused on September 14, 2014, at around 16:00, the Defendant’s negligence of neglecting the safety management in the engine room at the 16-day maritime port located near the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and caused the burning of the vessel installed on the 1st floor of the engine room by the negligence of neglecting the safety management in the engine room at around 16:0 on September 14, 2014, the Defendant destroyed the vessel of at least 480,000,000 won, which is the market price owned by the victim C, where 11 on board members are currently victims.

Summary of Evidence

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

1. Statement of the police statement regarding C;

1. Application of the written estimate to restore the hull;

1. Relevant Articles 171 and 170 (1) of the Criminal Act concerning the facts constituting a crime, the selection of imprisonment without prison labor;

1. A vessel of an amounting to KRW 480 million at the market price due to the defendant's mistake in sentencing Article 62 (1) of the Criminal Act.