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(영문) 부산지방법원 2016.09.08 2016고단3211
업무상과실치사등
Text

1. Defendant A shall be punished by imprisonment without prison labor for one year, Defendant B and C by imprisonment without prison labor for ten months;

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

[Attachment] On November 8, 2014, Defendant A served as the first class mate in charge of the maintenance and repair of GPG carriers (44,637 tons, boarding capacity 23 tons) of the nationality LPG carriers of G (44,637 tons), loading and repair of cargo, navigational watch duty, safety management, etc., Defendant B is the captain of the above ship, and Defendant B is the captain of the above ship. Defendant C is the final person responsible for the operation of the ship and the safety of seafarers.

At around 20:50 on November 25, 2014, the G sailed to the port of Thailand where professional gas 22,00 tons and secondary gas 22,00 tons are loaded in the port of UAE, and sailed to the port of Thailand.

【Criminal Facts】

From the beginning of December 2014, the Defendants had the mind to maintain the defrising pipes, stairs, etc. installed outside decks without the approval of the shipping company, in order to prepare for the PSC inspection (Port State controll and port control inspection) expected to be conducted at the time of entry into the port of Thai-ri Port (Port State control inspection).

1. On December 10, 2014, Defendant A instructed the victim H (the 65-year-old) who is the deck of the above vessel, and the victim I (the 29-year-old) who is the Myanmar, to replace the old part of the above vessel, including the corrosiond stairs on the deck, with cooperation with the victim J (the 57-year-old) who is the engine that is the Myanmar, and the victim K (the 24-year-old) who is the body that is the Myanmar, to replace the old part of the above vessel through a fire work such as cutting and melting.

The above G is a dangerous cargo transport vessel that loads and transports LPG ( LPG). The surrounding area of the cargo storage room installed on the upper deck of the hull is a place where a small amount of gas leakage is conducted in the process of re-melting liquefied petroleum gas loaded on a normal deck. Thus, the above G is on board the ship as the first class mate when performing fire work, such as cutting accompanied with flames and melting, etc. on deck.

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