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(영문) 대전지방법원 서산지원 2019.08.14 2019고정60

업무상과실치상

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At Jeju, the Defendant is the owner of an inshore fishing vessel B (42 tons) and the captain who is concurrently the owner of an inshore fishing vessel B (42 tons) and is engaged in the duties of directing and supervising the crew's fishing operations and operating the brings installed in

On September 4, 2018, at around 07:45, the Defendant continued to use a burgical gear with the crew in advance, at the 28 nautical miles sea (N 36-43 N, N 124-58) located in the northwestdo located in the west-do, Chungcheongnam-do, Chungcheongnam-do. (N 36-43 N, N 124-58)

In such a case, the defendant has a duty of care to assign other seafarers to the steering house so that the safe fishing operation can be carried out from time to time between the steering house and the two net so that the two net operation situation can be carried out. In particular, when the reduction of the two net fishing gear is able to be carried out or when an accident occurs to the reduction of the fishing gear, another seafarer was placed in the vicinity of the two net system so that the situation can be immediately transferred to the steering house so that the other seafarer can stop the two net operation and prevent various accidents.

Nevertheless, the Defendant neglected to do so and did not assign other seafarers to the surrounding area of the two nets, and caused the victim C(C and 31 years of age) of Indonesia nationality, who had the fishing gear before the two nets, to enter the top line connected to the reduction of the fishing gear during which the victim’s left hand was able to see.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of field photographs, diagnosis certificates, or medical records;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.