(영문) 부산지방법원 2017.05.11 2016노2183 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.05.11 2016노2183

업무상과실치상

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged in the instant case, but the Defendant did not know that the instant accident was erroneously fixed on a string line No. 1, and did not take any other measures, such as moving a towing boat, and the Defendant intentionally did not move the towing boat in the future, and the victim was well aware of the risk of towing, etc., on account of the fact that there was any occupational negligence on the part of the Defendant.

shall not be deemed to exist.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Even if the sentencing is not unfair, the sentence of the lower judgment (6 months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is the captain of the towing C (226 tons, hereinafter “the instant towing”) of Busan City, who is engaged in the operation of the said towing.

On August 11, 2013, the Defendant: (a) at the port wharf located in Seosan-dong, Seosan-gu, Changwon-si, Changwon-si; (b) had the instant fleet D (hereinafter “the instant sealine”) contact the starboard of the instant fleet.

In such cases, the Defendant is the captain of the instant tugboat E (57) as the victim E (57) before this day.

8. 10. 10. Starting from the instant tugboat, it is necessary to notify the instant tugboat of safety accidents that may occur during the course of the berthing work in advance and to educate cautions. At the time, the towing line was erroneously fixed to the instant bet, not No. 2 in the course of fixing the towing line to the bet (wing fastening device) of the instant bet, so it is necessary to properly grasp this, so that the instant towing may be carried back to the bet and then the said bed off to the bet line, and in such circumstances, the instant towing line may be moved to the future.

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