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(영문) 광주지방법원 목포지원 2015.09.08 2015고단513
업무상과실선박매몰등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant was permitted to engage in the fishery of coastal sea-based and coastal improvement and shore-based fishing at the coast of Jeonnam-do as the captain of the fishing vessel B (7.93 tons) that was shipped in Jeonnam-do, and the aforementioned fishing vessel was permitted.

1. The defendant is the captain of the above B, who is engaged in overall affairs such as navigation, operation, etc. of the above fishing vessel as a captain of the above B;

On November 18, 2014, the Defendant, at around 04:00, boarded the above fishing vessel with the victim C (5 years old), D (54 years old), E (4 years old), and E (46 years old), went to the port of Dong in the south-west, and on November 22, 2004, was also engaged in fishing operation on the 22-math of southwest coast (33.51 minutes north latitude, 125.52 minutes East longitude).

In such cases, a captain shall ensure that the catch captured through fishing by predicting the glive wave toward a ship during fishing shall be kept in the fish hold below decks by allowing the weight of the ship not to move by weight due to the weight of the catch.

Nevertheless, the Defendant, without taking such measures as above, kept approximately 3,00 kg of marine animals, such as early as caught through fishing, and continued to operate on deck as is, caused by the negligence of continuous operation of the said vessel, thereby getting off the vessel’s weight-centered and making it to the right-hand.

As a result, the Defendant caused the death of the victim C due to the above occupational negligence on the part of the victim C by his own cause, and caused the death of the victim D. In addition, the victim D suffered bodily injury, such as a string wall, etc., which requires approximately two weeks of treatment, and the victim E suffered bodily injury, such as a shoulder that requires approximately two weeks of treatment, and the string and the string of the arms, etc., at the same time, buried the above vessel so that it can be sunken.

2. The defendant in violation of the Fisheries Act is entitled to carry on fisheries only in the south-do coast as the captain of the above B.

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