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(영문) 창원지방법원 통영지원 2019.05.08 2019고단71
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the captain of a fishing vessel B (3.8 tons) of a diving vessel at the time of Tong-young, who is engaged in the operation and management of the above fishing vessel and crew.

1. On October 14, 2018, around 09:00, the Defendant caused occupational death, etc. caused the suspension of the above fishing vessel at the sea of about 20 meters from the early south east east east east Do, and ordered the victim C (60 years of age, female) who is the diving part of the above fishing vessel to collect marine animals. The victim was bread to take marine animals, such as breath of air supplied through the ice on the sea of about 10 meters in depth.

A diving fishing vessel is operated in a state where it is supplied with air supplied by a fishing vessel through a string. Thus, the captain of a diving vessel is obliged to check the location and condition of the diving vessel from time to time and check whether the diving is dangerous, and to move a diving fishing vessel by operating the propeller, the captain of the diving vessel has a duty of due care to prevent the collision of the diving with the vessel or the collision of the locker using the locker by closely examining whether the locker is likely to move the diving vessel, and to move the locker by sending the signal that the diving vessel moves to the divinger, and to prevent the collision of the locker with the vessel or the decrease of the locker.

Nevertheless, the Defendant, without confirming the location of the victim at all, operated a diving engine on a flexible basis and moved a diving fishing vessel on the part of the business negligence, caused the air ray connected to the victim operating in the vicinity of the stern of the said fishing vessel to be deducted from the screen dust located in the stern of the said vessel, thereby allowing the victim to contact with the said scrap.

The Defendant caused the death of the victim by his occupational negligence in the anti-scopic cutting of the anti-scopic nature.

2. On September 18, 2018, the Defendant violated the Marine Security Act, was engaged in illegal operation from the naval vessel (E) of the Korea Coast Guard (E) at the sea located in front of the low-sea forest of Gyeyang-gu, Soyang-si, Soon-si, Busan.

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