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(영문) 광주지방법원 순천지원 2014.10.01 2014고정512
업무상과실선박매몰
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who goes on board as the captain of a fishing vessel with a snick snick snick net C (4.96 tons).

On March 20, 2012, around 05:00, the Defendant was on board with the crew at the port of the port of overseas water, and was sailing to the port of operation after leaving the port of operation. On March 20, 2012, the Defendant had a duty of care required for safe navigation by fulfilling the duty of care for the safe navigation of the vessel and thoroughly checking the situation of the front port of operation.

Nevertheless, the defendant does not fulfill the safety rules and duty of care when operating a ship and operates a stroke.

At around 06:00 on the same day, promulsion sexual trees conflict with uninhabited islands and buried the above ship on board by one seafarer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Situation report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 189 (1) and 187 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition in light of the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (b) the Defendant reflects the instant crime; (c) the owner D did not impose punishment against the Defendant; (d) the vessel was paid insurance money to the said vessel; (d) the damage was recovered upon the vessel; and (e)

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