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(영문) 광주지방법원 목포지원 2015.02.23 2014고단2015
업무상과실치사
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner or captain of a coastal network or coastal complex fishing vessel C (6.23 tons, fRP) and is a person engaged in the command of the crew on the ship and safety management of the crew on the ship.

On July 21, 2014, at around 15:20, the Defendant, on board the above C, departed from the sea of 1.2 math of the west-gun in the west-gun, and went to the steering and operating of the vessel at the steering house, and accordingly, D installed a tag on the part of the steering house before the steering house, and the crew, E, at the center of the steering house, did not have the leash, and the crew F (year 47) as the victim, did not have the leash the leash, which was administered before the water is administered out of the ship.

At the time, the Defendant showed that the victim was working on the water covered by the Defendant, and the victim was aware that he could fall on the sea along with the water, and thus, the Defendant, who is engaged in the safety management of seafarers, had a duty of care to operate the ship so that the victim does not fall on the water by using broadcasting devices, equipment such as the whistle, and other available equipment, or by opening the steering house and making great sounds, etc., or by properly manipulating the engine and key so that the victim does not fall on the sea.

Nevertheless, the Defendant neglected this and failed to restrain the victim from working on the water, and caused the victim to take advantage of the victim’s right bridge in the sea by cutting down the victim’s right bridge from the business negligence, which is projected without a vessel, in order to alleviate the power to prevent the water from re-suring.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written result of autopsy;

1. Vessel documents, such as a loading certificate;

1. Application of relevant Acts and subordinate statutes to documentary evidence photographs;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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