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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the occupational death and bodily injury by occupational negligence
A. In determining the Defendant’s grounds of appeal as to the existence of occupational negligence and prosecutor’s negligence in rescue activities, the degree of general attention of ordinary people engaged in rescue activities, such as marine landscape, etc. shall be determined based on the standard, and comprehensive consideration of the training content, the relevant regulations and manuals, the action rules, structure environment and conditions, the details and characteristics of accidents, urgency of circumstances, etc., etc., which the Defendant received in relation to rescue activities shall be comprehensively taken into account.
On April 16, 2014, the lower court, on the grounds indicated in its reasoning, found the Defendant negligent in failing to take each of the following measures: (a) on the grounds indicated in its reasoning: (b) on the part of the Defendant’s arrival at the scene of the JA on April 16, 2014, such as “the measures to maintain and ascertain the conditions of the JA and the crew, and to place the crew on duty; and (c) on around 09:30, on the part of the Defendant, the Defendants neglected to take the measures to induce passengers to get out of the deck using broadcasting equipment; (d) on the part of the JA and the crew on the part
In light of the aforementioned legal principles and the evidence duly admitted, the above judgment of the court below is just and acceptable. In so doing, the defendant did not err by exceeding the bounds of the principle of free evaluation of evidence against the logical and empirical rules, contrary to what is alleged in the grounds of appeal.
On the other hand, the lower court, on the grounds indicated in its reasoning, ordered the Defendant to get off the ship using the J-broadcasting equipment by the IF crew, etc., “the passengers to get off the ship by the IF crew,” and the passengers, etc. to get off the ship using the said equipment after around 09:51 on April 16, 2014.