logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.06 2015노1708
업무상과실선박매몰등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment without prison labor and two years of suspended execution) is too unhued and unfair.

2. The following facts are acknowledged: (a) the Defendant recognized each of the crimes of this case as a captain and against his mistake; (b) the Defendant did not have any history of criminal punishment other than the punishment imposed on two occasions by fines; (c) the Defendant continued to operate the instant vessel as the captain; and (d) was merely a temporary captain employed urgently to meet the working standards of the Japan Port Authority at the time of the occurrence of the incident; (c) the Defendant appears to have trusted the inspection of the network D’s ship that the existing captain was the captain; (d) the climate factors at the time seems to have had any influence on certain parts of the accident of this case; (c) the Defendant was the captain of this case, who was the captain of this case, was the best to rescue human lives after the occurrence of the accident of this case; and (d) the Defendant was suffering from considerable mental and physical pain due to the accident of this case; and (e)

However, the crime of this case was committed by the Defendant, in preparation for a high strike as the captain of the vessel of this case, by checking the condition of the cover of the fish hold, and by neglecting to prevent the cover of the fish hold by using a waterproof circulation, etc., resulting in the occurrence of an accident of human life and the burial of the ship, which caused the damage to the ship, and even though it was difficult to see that the Defendant was negligent, the Defendant did not agree with the victims and did not take measures to recover the damage to the victims, and other records, such as the Defendant’s age, environment, family relationship, the background leading up to each of the crimes of this case, and the circumstances before and after the crimes.

arrow