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(영문) 인천지방법원 2013.10.15 2013고단5544
업무상과실치사등
Text

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

except that 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 the coastwise G(7.93 tons) fishing vessel C (7.93 tons) in Nam-gu Incheon Metropolitan City.

At around 04:00 on April 9, 2013, the Defendant left the coast wharf located in the Jung-gu Incheon Metropolitan City, Jung-gu, and from around 09:00 on the same day, carried out the fishing gear of the newly anchorer net, which had been set up at the sea of 15 math on the west-gu, Incheon Cheongjin-gu, Incheon, Incheon, from around 09:00 on the same day. On April 11, 2013, the Defendant had a duty of care to prevent accidents in advance by checking whether there is anything abnormal in the fishing gear, and by preventing excessive congestion in consideration of the quantity of sprinks taken from water and water. In such case, the Defendant, as the captain, had a duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected to do so and caused the loss of the crew D to take the anchor-net fishing gear into deck by the negligence of his/her negligence, and caused the storm line connected to the anchor line to be cut off due to excessive long force, and caused the anchor line to the anchor line to the victim E (58 years old) and the victim F (56 years old).

In the end, the Defendant caused the victim E to die due to the dives and long-term damage due to such occupational negligence, and the victim F was damaged by the victim F, such as the first half alley in need of 8 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on autopsy, and medical certificates;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Act of the suspended sentence provides that the Defendant is led to the confession of and against the crime, the victim F is agreed with the victim E, and the victim E appears to have no bereaved family member to reach an agreement, and the Defendant is subject to criminal punishment except for the previous conviction of a fine in 1981.

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