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(영문) 인천지방법원 2014.05.01 2013고단8092
업무상과실치사
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is a captain of an inshore deep net fishing vessel C (12 tons) with the salted fish of Nanam-gun.

At around 06:00 on September 30, 2013, the Defendant entered the port of operation with five crew on board the ship at the front port area of the Yanan-gun, Yan-gun, Yannam-gun, and around 06:0 on October 1, 2013, the Defendant, at around 06:00 on October 1, 201, entered the sea and installed a self-net fishing gear from that time, and carried out a spokeed fish operation on October 5, 2013 while the Defendant completed the self-net fishing operation on October 5, 2013 and carried the last line on the sea.

In such cases, the captain is responsible for supervising the safety of seafarers, uses engines in the steering house, takes measures such as before and after the ship taking into account the intensity of appropriate algae, and has the duty of care required for the business to evacuate all seafarers on decks where the net is so fishing net to the stern and to take up the fishing net in preparation for accidents and to cover the fishing net.

Nevertheless, the defendant, at the time at the time, removed the soft line from the deck side so that the line does not walk, and even if the deck D was able to take off, it was caused by the negligence that he left the fishing vessel behind the fishing vessel without taken shelter as the safe side of the vessel and caused the death at the sea of the deck D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A written statement of G and H;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the agreement with the bereaved family members and the environment of the accused and the victim);

1. It is so decided as per Disposition on the same ground as Article 62-2 or more of the Criminal Act;

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