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(영문) 광주지방법원 순천지원 2016.09.29 2015고단427
업무상과실치상
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who assists in the fishery of the defendant and engages in the work of mooring fishing vessels.

On May 7, 2013, the Defendant tried to anchor D’s fishing vessels with 2 iron pipe (3m in length, 10cm in diameter) at wharfs located in Pari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

The aforementioned steel pipe is a product that may injure human body, and it is possible to use the steel pipe at the bottom because the lower bottom is narrow compared to length. As such, the Defendant, who is engaged in anchor work, has a duty of care to leave the floor so as not to use the pipe, and to look at the passage of people in the surrounding area, there was a duty of care to perform work.

Nevertheless, the Defendant neglected this and did not confirm that the victim E is standing in the vicinity of the landing place, and was negligent in the course of business where two pipes are set up at the edge of a boat, and the above pipe was cut off, and the lower part of the pipe was kneee.

Defendant 1 caused injury to the above victim by negligence in the course of performing the above duties, such as the internal transfer of a retirement from the Republic of Korea and the damage of the power rope, which requires approximately six weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of witness E in the third public trial protocol;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

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

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The gist of the assertion is that the defendant was not negligent or foreseeable, and there was no evidence of the injury of the victim.

2. In light of the use, size, form, etc. of steel pipe acknowledged by each of the aforementioned evidence, the Defendant, when he/she engages in the work of anchoring a ship using steel pipe, shall carry out steel pipe.

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