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(영문) 부산지방법원 2019.10.18 2019고합299
업무상과실선박파괴등
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for four months;

(b)Provided, That the above sentence shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

Punishment of the crime

[Basic Facts] Defendant B is the captain of the “E (3,763 tons)” which is the general cargo ship for Jeju shipment, and is the person who generally directs and supervises the safety, navigation, etc. of the ship. Defendant A is the captain of the “F (3,525 tons)” of the vehicle transport ship of Pakistann nationality, and is the person who generally directs and supervises the safety, navigation, etc. of the ship. Defendant D is the owner of the above E, who is the marine transportation and freight transport company located in Jung-gu Incheon Metropolitan City, and is the owner of the above E, who is in charge of the management and operation of crew and employed the above Defendant B. Defendant C is the corporation that signed a contract for management entrustment with J and the above F, which is the shipping agent, the shipping intermediary, the shipping intermediary, the ship management company, and the ship and crew management company, and employs the above Defendant A as the captain.

【Criminal Facts】

1. Defendant B

A. On April 16, 2016, the Defendant who destroyed a ship by occupational negligence was the captain of the above E, and around 16:40 on April 16, 2016, the Defendant: (a) laid an anchor at the port for the waiting for repair of a ship (on board) at the port N-3 Burial ground in Busan Young-gu, Busan, for the waiting for the maintenance of a ship (on board).

In the event of the exposure to the ocean-going port N-3 of the above Busan Metropolitan City to the south of the ocean-going, and the remaining wind is bad from the south of the ocean-going, the state of the seed (the power plant for the field of the wave of the anchor with the external power: the power plant for the field of the field of the field of the ship that the anchor does not intend to fall from the sea-going;

D. Around April 16, 2016, the Busan Coast Control Center (VTS) issued a preliminary severe weather report to Busan Metropolitan City around 04:00 on the same day, around 18:30 on the same day, at around 18:30 on the day when the anchor's anchor position is frequently occurred, and the main funeral phenomenon immediately adjacent to the anchorage is situated along the coast, there is a geographical characteristic where the risk of the anchor exists. In addition, the Busan Coast Control Center (VTS) completed the preparation of engines and the establishment of VHF channel in preparation for the funeral, and in particular, the funeral phenomenon is moved to the external sea.

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