logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.08.28 2013노848
업무상과실선박전복등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts merely rescued F in the course of sailing the sea near the sea where E was born, but does not go into the sea by collision with C and put the victim on board E in the sea, and the former restoration of E is not caused by cutting the back of the back line, but by any other cause.

Even if E was returned due to the collision with C, the Defendant was running from time to time after checking navigation equipment, such as the radar, etc., at the time, even if at the time, the Defendant did not have occupational negligence.

Nevertheless, the court below erred by misunderstanding the facts charged and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year of imprisonment without prison labor) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court and the court’s judgment regarding the assertion of mistake of facts were duly adopted and investigated. ① At the time of the instant case, the sea condition was cruel but wind or wave was cruel, and at the time of the instant case, the wire line connecting the E’s port port vessel with the water was cut. However, unlike the player anchor line directly affected by tidal current vessel, it is difficult to present a cut line without external shock in the aforementioned maritime situation, and the E’s boarding vessel was consistent from an investigative agency to the trial court to “F was locked at the ship’s station,” and it was immediately out of the station, with the knowledge that the vessel was locked by experience, and that the vessel was locked, and that the vessel’s vessel was locked with the sea-going vessel’s port vessel’s port port line.”

arrow