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(영문) 대구지방법원 포항지원 2018.07.05 2018고단136
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duties of the captain of C of the offshore operate fishing vessel at the time of racing.

On August 28, 2017, the Defendant operated the above fishing vessel at around 02:28, and sailed from a two-way port located in the south-gu long-term side of the port, south-gu, and started the operation of the vessel at around 07:00 on the same day at approximately 45 nautical miles south-dong, south-do.

The above work is carried out in a way that approximately 60 airs in the form of a iron-frame per mold francing francing in a refluoring francing net, and is carried out in a way that francings by power. As such, there is a risk of causing injury to neighboring seafarers at the cost of the work when the work is carried out, the defendant had a duty of care to supervise and supervise the safety of seafarers, such as regularly ascertaining whether the damage to the log was inflicted before the work and periodically exchanging the log and ordering the crew to wear the safety cap in preparation for the case where the log is cut.

Nevertheless, the Defendant did not confirm whether the shoulder was damaged in advance and did not have an effort to prevent accidents, such as safety caps, on board a ship, and did not endeavor to prevent such accidents, and caused the seal of the log to be cut off while performing such work as above, and was in line with the head of the victim D (27 tax) who had been engaged in work at the port seat of the log.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral cerebral cerebral algos damage, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Each statement of D, G, H, I, and J;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to photographs, photographs of actual condition investigation and diagnosis of seized articles;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act (the following sentence grounds are favorable.

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