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(영문) 창원지방법원 통영지원 2018.10.25 2018고단598
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is the captain of the ship that is loaded in Busan and other transit fishing boat B.

On November 25, 2017, around 11:30, the Defendant was unable to move back to the screen of the above B while leaving the port of Seogpo in Jeju-do with 10 seafarers on board the above fishing vessel on November 29, 2017, after leaving the port of Seopopopo in Jeju-do, with 09:00 on November 29, 2017.

At the time, as the captain of the above fishing vessel is the captain of the above fishing vessel, the special diving room is required to remove the waste fishing net, etc. affected by the scrap, or if the work is conducted on the site, safety education was provided to persons with diving-related qualifications or career experience among the seafarers, and safety equipment was installed to prevent accidents that may occur in the course of the work, such as diving and removal of the above fish net, etc., after checking whether diving work is appropriate.

Nevertheless, the Defendant neglected this and caused the victim C (41) who did not have a diving certificate without any particular safety education to diving and work without having the victim C (41) to be able to sleep, and on the same day, around 09:42 of the same day, the above victim was divingd and lost his consciousness among the water, and brought the victim who lost his consciousness into the water by taking advantage of the lag, but the victim was deprived of the child’s mountain head, and caused the victim’s death by falling into the sea or having the sea missing.

2. The Defendant, who suffered a special injury, was frequently in dispute between the victim D (n, 44 years old) and the husband and wife, as a matter of smoking between the victim and the ordinary victim.

On February 21, 2018, the Defendant reported that the Defendant had a boat or a boat or a boat in E at around 20:30 on February 21, 2018, and that the victim took a smoking without hearing his/her horse, and is on the floor of his/her hand.

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