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(영문) 광주지방법원 2019.05.01 2018노1654
업무상과실치상등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The shock of a damaged vessel by mistake is due to the negligence of the damaged vessel (or at anchor without mix) and is not caused by the negligence of the defendant. The defendant's charter fishing boat is a "Nannam-do Coast Guard" and the defendant is allowed to engage in fishing operations on the way that the business area becomes a "Nannam-do Coast Guard," and the defendant made an oral and accurate report of the destination at the time of departure, and the employee of the reported agency made a false statement in the calendar.

B. The lower court’s sentence of unreasonable sentencing (fine 6 million won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

With respect to the violation of the Fishing Management and Promotion Act at the trial time, a prosecutor shall report to the head of the agency who has reported entry into and departure from the port, etc. where a fishing vessel proprietor intends to allow passengers to board the port, etc. on April 16, 2017, and shall not make a false report or make a false report to the head of the agency who has reported entry into and departure from the port, etc. However, the defendant shall change the report to the " from the dispatching official travel document of the Sinan Military Police Station located in the Sinan Military Police Station located in the Sinan-gun-gun, the Namnam-gun, the Naman-gun, the number of passengers on board the port, etc. on April 16, 2017, to the employees of the Sinan-gun, the number of passengers on board the port, etc. on April 16, 2017, and at 02:20 on the same day, the defendant received the report from the new Sinan-gun, the number of employees on the 20200 days before his/her departure.

The corresponding part of the judgment of the court below by this court shall be the same.

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