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(영문) 제주지방법원 2014.09.25 2014노57
업무상실화
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that in the regular inspection conducted four days prior to the occurrence of the instant case of mistake of facts, the defect of contact by the part of the jury was not reported, there was a defect in contact with the part of the jury.

It cannot be readily concluded that there has been negligence on the part of the Defendant, or that there has been negligence on the part of the Defendant, and the Defendant did not keep the fuel oil pen on the part of the ship, but arranged the rear behind the ship at a distance away from the ship base, so it cannot be readily concluded that the Defendant was negligent in keeping the fuel oil pen

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, first of all, the Defendant’s negligence was found to have caused the instant fire, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, (i) the exhauster in the engine room at the time of the instant fire: (ii) the exhauster was seriously damaged; (iii) the exhauster was in the engine room at the time of the instant fire; and (iv) the exhauster was in the front part of the exhauster department; and (iii) the exhauster was in the middle part of the exhauster department due to the bad contact between the exhauster part of the exhauster department, which caused the fire to occur; (ii) the Defendant did not check or accept the exhauster part at the police investigation; and (iv) the Defendant did not have contact the exhauster part due to the bad weather in the exhauster part; and (v) the Defendant did not have any contact with the part of the instant regular inspection.

In full view of the fact that there is no negligence on the part of the defendant or that there is no negligence on the part of the defendant, the head of the agency shall be the head of the agency.

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