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(영문) 대전지방법원 홍성지원 2018.04.12 2017고정380
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, who is the captain of B (7.93 tons) a fishing vessel, had a duty of care to prevent an accident in advance by checking well the front side of the vessel, who is engaged in the operation of the vessel.

Nevertheless, on May 1, 2017, the Defendant left the Republic of Korea by getting 15 passengers on board the 15-day fishing port located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and completed fishing operation, and returned to the above 14:47 day, on the part of the players of the above B due to occupational negligence, who did not look well at the embankment at the point of the end of the Daecheon-si, Bocheon-si, Chungcheongnam-si, the Defendant received the breakwater from the above 3rd (52 years old), and suffered from the victim C (52 years old) (52 years old) with approximately 4 weeks of injury, such as 3 weeks of injury to the left-hand stroke and tension, 4 weeks of injury to the victim (52 years old), 5 weeks of injury to the victim (52 years old), 4 years old-gu, 5 years old-day treatment for the victim, 5 weeks of injury to the 5-day treatment for the victim (53 years old-day treatment, etc.).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations on police statements to C, D, E, F, G, H, I, and J

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

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment prescribed for the crimes of bodily injury resulting from occupational injury and actual injury between each business and the crime of bodily injury, and the punishment between the crimes of bodily injury resulting from occupational injury and actual injury to each victim C, of the largest criminal situation);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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