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(영문) 대구지방법원 포항지원 2016.11.16 2016고단924
업무상과실치상등
Text

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

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 the captain of C (9.77 tons, Sikpo-si, Sikpo-si, Dokpo-do fishing vessels).

At around 07:00 on February 4, 2016, the Defendant: (a) completed the operation at sea on the 18-math day in the port of the port of the port of the port; (b) on the same day, around 08:50 on the same day, the Defendant was sailing at the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the

In such cases, the defendant, who is the captain, has a duty of care to prevent the collision with other vessels by using all means, such as Jeonju-si, Jeonju-si, left- right-hand and right-finding, and radar detection.

Nevertheless, when the Defendant neglected the above duty and failed to discover the state of D (1.42 tons, Posting, Posing, and coastal multi-purpose fishing vessels) which was waiting to fish operations at the sea above the sea at the sea above the sea, the Defendant failed to discover the state of D (1.42 tons, Posing, Posing, and Posing to the part of the

Ultimately, the Defendant caused damage to the parts of the above D’s left part due to the above occupational negligence by causing damage, such as the inflow of sea water to the bottom, thereby losing the function of the ship, and at the same time suffered injury to the victim E, who was on board the ship as the captain of the above D, such as a chest 7, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. The ports of DV-PAS;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act applicable to the crime, Article 189 (2) and Article 187 of the Criminal Act;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order, and the defendant's age, character and conduct, environment, and motive for committing the crime.

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