beta
(영문) 광주지방법원 순천지원 2018.12.14 2018고단1831

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for four 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 the captain of the ship B (9.77 tons) of the ship for the fish plantation management in Go interest-gun.

On January 2, 2017, the Defendant: (a) around 06:40 on 06:40, the Defendant was engaged in collecting slopings together with C and the Victim D (55) who is a seafarer, at a sloping-gun, Goung-gun, Goung-gun, Goung-gun, Goung-gun.

In such a case, as a captain responsible for the safety of vessel and crew, the Defendant was a captain responsible for the safety of vessel and crew, which is likely to cut off the tension of the arm’s length in a double-net, where the load of the fishing gear is fixing the fishing gear, and the body of the crew is likely to be injured, so the Defendant had a duty of care to check in advance the safety condition of the arm’s body, such as a double-net, etc., and to check the safe evacuation of the crew, and then to check the safe evacuation of the crew who fixed the double-net, the Defendant had a duty of care to prevent the tension of the sun-net from spreading.

Nevertheless, the Defendant neglected the above duty of care and did not confirm whether the victim was evacuated safely by neglecting the above duty of care, and caused damage to the pressure of the three sides of the left side of the three sides of the left side of the victim, where the victim’s left fingers of the front side of the back side of the front side and the remainder of the back side of the back side of the back side of the back side of the back side and the back side of the back side of the back side of the back side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs taken concerning physical damage;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. of Social Service Orders, as well as the following circumstances, taking into account the Defendant’s age, family environment, the background of the occurrence of accidents, and the circumstances after committing the crime.