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(영문) 광주지방법원 목포지원 2015.04.17 2015고정130
업무상실화
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of a coastal fishing vessel B (9.77 tons, five crew members on board) with the cost of loading in the south of Korea and the head of an agency concurrently.

On October 29, 2014, the Defendant completed the search work for the victims of the Sewol Ferry on October 15:00, and entered the port of YY as a port of YY, and on October 12:40 of the same month, the Defendant carried out the work of raising abandoned fishing gear B by using B as the water b, in order to rear the abandoned fishing gear used for the search work for victims of the Sewol ferry on the land on the 30th of the same month.

In doing so, the Defendant, who is responsible for a safety inspection throughout the ship, such as fire prevention in the engine room, can patrol the inside engine room of the ship to check whether there is anything wrong with the ship’s vibration, and if the ship is sloping, he shall take measures, such as the replacement of electric wires, if the ship is operated and worn out. Since there is a danger of fire caused by the joint lines, there was a duty of care to prevent fire by patroling the engine room from time to time.

Nevertheless, the Defendant did not check or repair the status of the steering line in the engine room before and after the beginning of the Dong, and did not take preventive measures, such as safety patrol, etc., to check whether the electric wires connected to the engine room occur.

Ultimately, at around 12:41 on October 30, 2014, the Defendant neglected this, and destroyed part of the ship engine room owned by the Defendant and B seafarers and destroyed the part of the ship engine room owned by the Defendant and B, as electric wires connected to the ship yard located within the engine room by starting a Dong in order to rear the pet fishing gear loaded at the sea front of the landing place of the Southern Port, which is at anchored B.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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