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(영문) 광주지방법원 해남지원 2014.12.23 2014고단330
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a shipmaster who operated the 1.08 tons, Solin 115 E (FRP, 1.08 tons, Solin 115 E) in the new west-gun of Jeonnam-do.

around 1:30 on May 30, 2014, the Defendant, at the start point of the Dong-do, left Korea with three sea females such as F (62 years of age) and one’s mother G (64 years of age) and village residents H (54 years of age) on the same day, left Korea with the above E, and became responsible for the management of diving work to gather marine animals and plants living around the coast of the coast by diving the scoo equipment using the scoo equipment at around 12:00 on the same day.

In such a case, the defendant is responsible for the management of diving, and therefore, the defendant has a duty of care to continuously check the status of diving by mooring the above E at an appropriate place in preparation for emergencies that may occur in the course of diving work, such as the control of access vessels to diving areas, etc. for the safety of the female, such as the victim F (the 62 years of age) who wear and diving scoo equipment and takes the gathering of marine animals and plants.

Nevertheless, the defendant thought that it will be possible for the victim, etc. to open a lock and safely finish a locking, and unlike usuals, he gets moored to the fastening line which is not a maritime mooring point of the above E, and she left the nearby land booming 15:30 to 16:00 on the same day due to negligence that she did not continuously confirm the condition of diving operations at the nearby land booming booming 15:30 to 16:00 on the same day and that women will move to the sea mooring point at the back of the place.

It caused the death of a female F(62 years of age) who was a victim of diving during diving operations from the surrounding sea due to broad damage to the neck, such as the bones of wood, etc. by shocking them E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. To conduct the autopsy of a person who has filed a report on internal investigation, or a person who has filed a report;

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