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(영문) 광주지방법원 목포지원 2013.07.02 2013고단503
업무상과실치사
Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who directs and supervises the operation of a coastal net fishing vessel B (9.77 tons) as the captain.

At around 12:50 on November 26, 2012, the Defendant had been able to carry anchored fishing gear at sea, which was 3 math day away from the southwest.

At the time, there is a strong wind of up to 3 meters from the wave, so the fishing gear was sleeped in the wave and the fishing gear was installed in front and rear at the time, so as to prevent the escape of the fishing gear, and the fishing gear could be shocked with the crew who are engaged in the operation of the fishing gear beyond the slick pole.

In such cases, a person who directs and supervises the operation of a fishing vessel has a duty of care to ensure that he/she can inspect the condition of the hack pole that gets involved in the fishing gear in advance and to prevent the operation of the fishing vessel until weather is changed in consideration of weather conditions, or the length of the fishing gear from fireing into one hack pole.

Nevertheless, the Defendant neglected to do so and let a seafarer who is not able to operate the fishing vessel operate the fishing vessel. The Defendant is a clerical error in writing in the victim C indictment, where the fishing gear was carried out on deck with the length of the fishing gear from one hack pole, exceeding the hack column.

(46) At the time of two parts of the (46 years of age), the victim caused the death of cerebrovasculars from the place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Meteorological data and ship entry and departure data;

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

1. Article 268 of the Criminal Code applicable to criminal facts, the choice of fines, and the death of the victim were serious results. However, the agreement between the bereaved family members of the victim and the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved family members of the bereaved

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