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(영문) 춘천지방법원 속초지원 2017.10.18 2017고단171
업무상과실치사
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the captain of C(2.03 tons), the Defendant, who is a diving fishing vessel, is in charge of C’s operation and work-related affairs, has a duty of care to check air hosp from time to time and to take necessary measures to prevent accidents and prevent accidents in the event that the diving is carried out by the method of collecting fishery products through air upon wearing diving equipment and being supplied with air by entering the seabed.

Nevertheless, on December 18, 2016, the Defendant neglected to operate the above C around 08:00, and caused the victim D(42) to have the victim D(S) who denies diving use of diving equipment wears the diving equipment, enter the sea be supplied through air hos, so that fishery products are collected by being supplied with the air at around 0.7 nautical miles fishing ground A located in the Gangwon-do High-gun High-gun High-gun, Gangwon-do High-gun, and the Defendant failed to supply the air at around 0.7 nautical miles at around 18, 2016. As the air hos located in the direction of C due to the occupational negligence of C, the air hos in the direction of C to check the location of air hos, and the air hos in the direction of C to prevent the death of the fishing vessel, leading to the death of the victim from the Gangwon-do high-speed medical disease at around 11:45, Dec. 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police for E;

1. A statement prepared in F;

1. Application of Acts and subordinate statutes to the body death certificate, police transfer (report on the occurrence of a human life accident at the beginning diving and the result of measures taken), navigation data (C), and the location map of air conditioning C at the time of the accident;

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

1. The reason for sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence has resulted in a serious result of the death of the victim due to the negligence of the defendant, and the responsibility for the crime is very important.

However, the defendant's mistake is serious.

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