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(영문) 광주지방법원 순천지원 2015.06.10 2015고정365
업무상과실선박파괴
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in fishery as the captain of a ocean-going ship, coast-going ship B (5.40 tons).

On December 8, 2014, at around 03:00 on December 8, 2014, the Defendant went to the sea and was engaged in fishing at the nearby sea area on the same day at around 06:30 on the same day. If the Defendant was in the transit operation at the north Obstruction of the North Korean Peninsula located in the same Gun, the Defendant had a duty of care to identify in advance the islands' accidents, such as collision of ships, and to prevent accidents, such as collision of ships.

Nevertheless, the Defendant, due to the negligence in breach of the above duty of care, destroyed approximately 30 cm of the diameter of the engine of the vessel on which three seafarers are on board due to the collision with the shore, while sailing approximately 50 meters away from the north bank near the 07:0 on the same day due to the negligence of the Defendant’s failure to perform the above duty of care, thereby losing the utility of the vessel.

Summary of Evidence

1. Defendant's legal statement;

1. Completion courses, reporting on the completion of the salvage of a wrecked vessel, reporting on the completion of the salvage of a wrecked vessel, B salvic photographs, reports on internal accidents, and the application of each Act and subordinate statutes for investigation reporting

1. Relevant Article 189(2) of the Criminal Act, Article 189(2) of the Criminal Act, Article 187 of the Criminal Act, and the choice of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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