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(영문) 인천지방법원 2013.06.04 2013고단1761
업무상과실치사등
Text

Defendant shall be punished by a fine of three 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 is engaged in the captain of the Dogjin-gun, Incheon, as the captain of the Dogjin-gun, the Coastal Improvement Dognet Fishing Vessel C (7.93 tons,

1. On October 15, 2012, around 05:10 on October 15, 2012, the Defendant, occupationally killed, etc.: (a) departing from the Cheongdo-gun, Incheon Cheongdo-gun, an advanced port of Cheongdo-gun; and (b) was engaged in the operation of anchoring the anchor fastening in the sea in front of the Mando-do-do-An advanced port of 05:2

In such a case, the defendant, who is responsible for the safety of a ship, has the duty of care to prevent the danger and injury caused by the anchor line entering the anchor rapidly as soon as possible before he issues an anchor order, considering the weather conditions of the sea and whether there are crew members around the anchor line before he issues an anchor order.

Nevertheless, in the situation where the high wave of 1.5 meters, the defendant did not look at whether a seafarer was in the vicinity of the anchor line while anchoring the anchor, but did not look at whether a seafarer D, who was engaged in fishing gear net operations while operating the anchor while the anchor is in the sea, led to a fall into the sea and then fall into the wing line while the anchor was carried into the anchor rapidly.

2. Where a person intends to run a fishery by using a non-powered fishing vessel in violation of the Fisheries Act, a powered fishing vessel with a gross tonnage of less than eight tons, or a powered fishing vessel with a gross tonnage of more than eight tons but less than ten tons, the Defendant, despite obtaining permission for each fishing vessel, fishing gear, or facility from the Mayor/Do governor, on September 20, 2012, operated two navigation gear (one unit: 70 per unit) on the sea at the high-speed bank located in Incheon Cheongjin-gun-gun, Incheon, on September 20, 2012.

In addition, around 05:30 on October 15 of the same year, approximately KRW 20 km (or KRW 60,000 at the market price) was captured by putting two fishing gear, which was put at the sea above, with two fishing gear.

Summary of Evidence

1. The defendant;

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