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(영문) 부산지방법원 2015.05.21 2014고단8209
업무상과실선박매몰등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a shipmaster of Cambodia, who is responsible for the operation of ships and the safety management of seafarers, as a captain of Cambodia, the freezing and freezing transport vessel C (296 tons).

At around 14:30 on February 19, 2013, the Defendant: (a) 11 seafarers, including D, on board the above C, and (b) 11 seafarers, on February 19, 2013, on the 21st of the same month, in order to leave the optous port in Japan and move to the territorial port in the beginning of the city at the early port of the Republic of Korea; (c) 00:00 on the 296 nautical milesdo North East East-do; and (d) 4 labor

At the time of the accident, weather conditions have deteriorated due to the rise of the above vessel's upper deck wave, and the weather conditions have frequently opened a fish hold cover in order to verify the condition of active dusts located in the fish hold of the above vessel. As such, the captain who manages the operation of the vessel has a duty of care to prevent the flow of sea water from being flow into a fish hold by using a waterproof hole because the sea water exceeding the decks flow into a fish hold and the vessel is likely to be sunken, as the captain managing the operation of the vessel has a duty of care.

Nevertheless, the Defendant, at around 07:16 on the same day, continued to flow sea water to the fish hold of the above vessel due to the negligence of operating the fish hold cover without being pushed off, and caused the death of the above vessel by exposing the above vessel to the sea at around 07:16 on the same day. The Defendant, from the above vessel, was exposed to the lower water temperature and tidal wave of the crew (the age of 66), E (72), and F (the age of 50) who was killed by the life raft of the above vessel, was exposed to the lower water temperature and tidal wave on the same day.

Accordingly, the Defendant caused the death of the victim D, E, and F at the same time by burying the above vessel in the sea with human beings by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of G and H;

1. A copy of the I and J statements (a copy);

1. A copy of each written examination of the corpse, and a copy of each written examination of the corpse;

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