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(영문) 대구지방법원 경주지원 2019.02.21 2018고단760
업무상과실치사
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 B (29 tons, port registry, low net fishing vessels, and seven crew members) and is the person in charge of safety of the above vessel.

Around 04:00 on June 29, 2018, the Defendant was on board the said vessel at the port of the guns located in the Seocho-Eup at the time of the racing and departing from the port for the operation of a low-income net.

In such cases, the defendant has a duty of care to prevent accidents that may occur in the course of the operation by immediately manipulating the location of blocking and immediately adjusting the operation in an emergency. The defendant has a duty of care to prevent accidents that may occur in the course of the operation in advance. The defendant has a duty of care to prevent accidents that may occur in the course of the operation by allowing auxiliary human resources who can monitor or prevent the process of the operation or accidents such as the maintenance of safety distance during the operation.

Nevertheless, at around 13:10 on the same day, the Defendant had the victim C (50 years of age) (Fix 35-36N, 130-02E) who is on deck near the sea near the vessel do not place assistive human resources without notifying the victim of the risk of the operation or providing safety education. At the time of the occurrence of the accident, the Defendant did not immediately operate the blocking location, and caused the victim's work clothes retail to put the upper right side of the set, put the victim's body into the roller, cut off the victim's body on several occasions, and cut off on the floor.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at around 15:25 of the same day due to the abolition of serious damage caused by the cage of cage cages.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. Copies of each police statement concerning E and F;

1. A corpse of corpse;

1. The application of the Acts and subordinate statutes of the protocol of inspection;

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