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(영문) 대전지방법원 홍성지원 2014.11.28 2014고정263
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 8,500,000.

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

Reasons

Punishment of the crime

From March 2013, the Defendant is a person who is engaged in fishery as the captain of the coast D(24 tons) fishing vessel (24 tons) near the coastline of the west-gun, Chungcheongnam-do.

On August 31, 2014, at the sea point of approximately 0.5 nautical miles (36-19N, 126-21E) from the point of view of the 0.5 nautical miles (36-19N, 126-21E), the Defendant supported a auxiliary line connected to anchor in the core deck of the players, for the purpose of understanding the anchor to the players, and then supported the anchor at the two net.

In such a case, in order to prevent the prices of seafarers who deviate from or cut off the log from the bar due to the power of the log when the captain of the above fishing vessel works for the captain of the above fishing vessel, the Defendant had a duty of care to prevent accidents by carrying out the work in advance after having taken measures such as safety education and guidance so that he can carry out the work outside the scope of the work, and by carrying out the work to prevent accidents.

Nevertheless, on August 31, 2014, at the sea point of approximately 0.5 nautical miles (36-19N, 126-21E), from the negligence of violating the above duty of care on August 31, 2014, the Defendant: (a) caused the death of the victim by light damage, etc. by leaving the flord line (28m) connected with the anchor in order for the victim C (beenam nationality) to anchor with approximately one ton in order to drive the anchor on the fore deck; and (b) leaving the flord line (28m), the Defendant, who was unable to check the flord of the two networks, left the flord line to the flost of the face of the victim, at the price of the flost of the flost, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, F, and G;

1. The actual condition survey report;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 268 of the Criminal Act and Article 268 of the same Act concerning criminal facts, the choice of fines, etc.

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