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The judgment below
Of them, the part on the remaining Defendants except Defendant P is reversed.
Defendant .
Reasons
Summary of Grounds for Appeal
In light of the above legal principles, the court below did not order the passengers, etc. to get out of the ship to get out of the ship, but did not order the passengers, etc. to get out of the ship to get out of the ship. In other words, even though the above Defendants clearly perceived that the passengers, etc. would die without taking measures to get out of the ship, the court below did not have any choice but did not permit the passengers, etc. to get out of the ship to get out of the ship. In other words, the court below acknowledged that the above Defendants did not have any choice but did not have any choice but did so to allow the passengers
In particular, the lower court recognized Defendant I’s murder committed by Defendant I with respect to the murder committed by Defendant I, and there is no reason to determine differently the murder committed by Defendant I with respect to AY, AZ and other passengers who did not witness.
Article 18 (1) and Article 18 (1) of the Rescue and Aid at Sea and in the River Act (1) (1) of the Rescue and Aid at Sea and in the vicinity of an accident scene, the captain, captain, etc. of a ship in distress or the head of a rescue headquarters, or the head of a fire-fighting government office, shall provide maximum support so that persons in distress can be promptly rescued as soon as possible.
Provided, That the captain and crew of a ship who has caused an accident shall take necessary measures to promptly rescue persons in distress, even if there is no request.
In the case of "ship, etc. adjacent to the accident scene" prescribed in the main text, the "accident site" shall be determined on the basis of "the person in distress" rather than the ship in distress.
In accordance with such interpretation, the term “ship near the accident scene” may include “ship in distress” such as AA, and the ship in distress provides the cause of the accident under the proviso of Article 18(1).