(영문) 대전지방법원 홍성지원 2016.01.15 2015고단1021

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줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2016.01.15 2015고단1021

업무상과실치사

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of Boban B (7.93 tons) shipping at Boban.

On April 24, 2015, the Defendant instructed five seafarers, including the victim C and Indonesia, in the B steering house operating at the sea of the 2-day, south-do, west-do, 15:10, on April 24, 2015, to carry out the anchor net operation for fishing gear, and the victim was carrying the anchor with a hand to carry the anchor connected to the anchor for fishing gear in the boomer on the port of the vessel.

Since the captain of a ship has overall control over the crew's responsibility for safety management, there is a risk that seafarers working in the vicinity of the two network will get back to rubber roller of the two network. Thus, the captain of a ship has a duty of care to make seafarers keep away from the two network and check the safety pin of the two network in advance before putting all of the two network equipment on the two network, and prevent accidents due to the operation of the two network.

Nevertheless, the Defendant neglected to do so and did not confirm whether there is a seafarer working in the vicinity of a two net, and the condition of a safety pin and a leber, and caused the rubber roller in the two net machine to go back, and the body of the victim who was working in the vicinity.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which was sent back to the E hospital located in Bohyeong-si D around 15:40 on the same day by external pressure by machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. Application of the statutes of the response request for appraisal;

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant is against himself and herself, and the defendant is subject to a fine of different species in addition to the previous offense.

참조조문

-형법 제62조 제1항

-형법 제268조

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