업무상과실치상
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, one hundred thousand won shall be the day.
Punishment of the crime
The Defendant is a person responsible for the safety management of ships and seafarers in the course of operation as a captain of a ship B (4.57 tons, coastal self-help network) in Yong-Namnam-gun.
On August 13, 2018, the Defendant was engaged in the work of cultivating three nautical miles (Fix. 35-11N, 125-59E) such as the victim C, etc. of the same ship crew member, and fishing gear to collect the catch from the 6 nautical miles (Fix. 35-11N, 125-59E) northwest-do, Manam-gun, Nannam-do.
The defendant is a person who has a duty of care to provide sufficient safety education to the seafarers in order to perform dangerous net work as the captain of a fishing vessel, to take into account the surrounding areas of the fishing equipment such as a two-way, and to coordinate the two-way cycle so that seafarers do not suffer from accidents during the two-way net work.
Nevertheless, the Defendant neglected this to ensure the safety of the body, but the victim C’s left-hand part of the victim C, who had been able to depended only on his experience, such as his reputation, was injured by the victim C’s injury requiring 9 weeks of treatment, such as cutting down the 5th left-hand part of the Defendant’s water, and cutting down the 5th horizontal frame, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to a situation report and diagnostic certificate;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The degree of damage of the victim is weighted. However, in the occurrence of the accident in this case, the fault of the victim is not significant, and the defendant is liable for damages to the victim and the victim is smoothly agreed so that the victim does not want the punishment, including the age of the defendant and economic situation of the defendant, etc., and all the sentencing conditions as shown in the arguments shall be determined as ordered.