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(영문) 광주지방법원 순천지원 2019.10.17 2019고단555
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of a coastal fishing vessel B (9.77 tons) and the crew on board the ship as the captain at all times, and is the person engaged in the duty of safety management, etc.

On October 11, 2018, the Defendant directed the victim C (C and 30 years of age) who is a seafarer of Indonesia's nationality to leave the port, and to conduct self-help operations at the sea near the luminousdo at the time of inn water, and the Defendant directed the victim to anchor operations at the sea on the 7-math of the southwest At the time of inn water at approximately 16:30 on the same day by leaving the string line on the stem deck at the sea and leaving the anchor.

In such a case, the Defendant had a duty of care to prevent accidents, such as ordering work when the hull is not shaken, when the crew is not shakened, etc., before commencing work, the Defendant shall conduct safety education, such as going on decks, and sufficient seafarers should conduct work in a situation on board the ship.

Nevertheless, without neglecting this, the Defendant left the port and did not conduct any safety education for the victims before the funeral work, but did not conduct the safety education for the victims before the funeral work. In order to carry out the funeral work by negligence, when the hull is not good weather at the time, the Defendant left the sea with a poppy so that the victim fell into the sea as it is, and then fell into the sea at around 20:52 of the same day.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A written autopsy report and a written autopsy and appraisal report;

1. Application of each statute on photographs;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The criminal records of the defendant, the background of the crime, the degree of negligence of the defendant, the degree of damage to the victim and whether damage has been recovered, and the reasons for sentencing under Article 62 (1) of the Criminal Act;

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