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(영문) 인천지방법원 2017.09.07 2016고단6719

업무상과실치사

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner and captain of the Incheon Strengthening Military Ship E (7.31 ton) Fishing Vessel E (7.31 ton) and is engaged in the operation and safety management of the vessel.

On August 11, 2016, the Defendant: (a) instructed the victim to go back to E in order to come to work together with the victim G (27 S, Indonesia nationality) at the start of the ship located in F, the Defendant, at the request of the captain of H, instructed the victim to go back to E in order to stay in the middle of 250 meters away from the port of the ship before leaving the port.

Accordingly, according to the direction of the defendant, the victim transferred the E line to H and mooring the E line after combining the E line to H line with the E line with the E line.

In such cases, the Defendant, as a vessel operator and safety manager, confirms how and how the E’s stern is maintained with H, has a duty of care required to prevent the occurrence of accidents, such as: (a) attaching the E engine on the port side of H, making the victim safely go beyond H; (b) cutting off the E’s line through the already attached players deck; (c) cutting off the two vessels; (d) and (e) ordering the victim to wear life jackets in preparation for safety accidents, such as falling on the sea; and (e) ordering the victim to wear life jackets.

Nevertheless, without such confirmation or safety measures, the Defendant was negligent in failing to perform the duty of care required by the captain, such as ordering the victim to salvate the salute of the two vessels in a dangerous situation where the 1.5m load of the two vessels was cut off, and caused the victim’s death to the sea by being able to go beyond H from the 250m south of the F landingline to the sea at around 14:52m of the same day.

Summary of Evidence

1. The trial records are in the first trial records;