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(영문) 대법원 2017.01.25 2016도14576
업무상과실치사
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The court below found that ① the victim obtained the sea to enjoy scoo ice, but she died at a point 19 meters away from the place of acquisition about 3 hours after the victim died from the sea to the north, ② the defendant operated E while operating the E, used G (1.49 tons, the victim, P, and Q to move the victim to the scoo coo ice on the day of the instant case by moving the scoo ice within the scoo coo coo ice and return it to the port. After the victim scoo ice acquired both at the sea and waiting for their withdrawal from G, P, Q to move from the sea, and failed to verify whether the victim was a scoo scoo ice at the time of their movement, ③ The National Investigation Research Institute was suffering from the result of the National Investigation Research Institute

BC (Buyancy Commonensor’s damage is presumed to have been generated by the revolving of G Scrap. An associate professor at a school at the law school at the graduate school of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the deceased.

According to the presumption, (4) the injured party’s ordinary air consumption at the time of acquisition, (5) the injured party’s estimated number of air consumption at the time of death, and (4) the Defendant and the injured party’s statement, etc., the injured party’s expected number of time of departure appears to be more rapid than or close to the time of entry of P and Q. As such, the Defendant’s departure without confirming the part of G’s vessel is highly likely to shock the injured party’s suffering from G’s stern due to screen, etc., and (5) The screen dust at the time close to the expected number of time of the injured party’s arrival, which entered H after the lapse of the multi-ice site of this case, does not coincide with the form of damage suffered by the injured party.

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