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(영문) 창원지방법원 통영지원 2019.05.07 2019고정48
업무상실화
Text

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

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

Reasons

Punishment of the crime

The defendant is the captain and the chief engineer of the coastal sea network B (7.93 tons, FRP) and is engaged in navigational affairs, such as entry and departure of vessels, and operation, repair and management of vessel engine.

Around 17:00 on August 3, 2018, the Defendant operated the above B and came to depart from the port to conduct fishing operations under the Pativedong paragraph at the time of common operation.

In such a case, the Defendant must check the safety of electric installations in the ship before departure from the port, and in particular, thoroughly check whether there is any defect in the status of the ship's arrival by supplying electricity to various electronic equipment, and check whether there is any defect in the status of the ship's arrival, and if there is any defect in the status of the ship's contact, the Defendant has a duty of care to control it.

Nevertheless, the Defendant violated the above occupational duty and did not at all confirm the contact condition of the ship's ship's ship ship's ship ship's ship's ship ship's ship's ship's ship ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship'

The Defendant, by these occupational negligence, destroyed approximately KRW 120,791,733 of the C-owned B to cover repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site inspection results of a fire ship;

1. Application of Acts and subordinate statutes to report internal investigation (person for reference D telephone conversations), investigation report (B acceptance details and accompanying tax invoices);

1. Article 171 of the Criminal Act and Articles 170 (1) and 165 of the Criminal Act concerning the applicable criminal facts and the selection of fines;

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

1. Taking into account the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, such as the cause of the fire in this case, the details of the fault of the defendant, and the fact that C, the ship owner, desires to find the Defendant’s wife

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