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(영문) 광주지방법원 순천지원 2014.02.12 2013고단2467
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of B (9.77 tons) a fishing vessel which is a fishing vessel registered at the time of leisure.

At around 05:10 on September 30, 2013, the Defendant operated the above fishing vessel, and set off the sea of 0.5 miles in the south of Tri-ri, Tri-ri, Tri-ri, Tri-ri, Tri-ri, Tri-ri, Tri-ri, Tri-ri, in the speed of about 8-10 knots at the speed of Si-ri-ri, the port-ri, along the port-ri port-ri port-ri, while operating the GPS PSp, while leaving the steering boat with the steering boat, the Defendant got back to Tri-ri, as long as he neglected the operation of the GPSPSp, while neglecting the steering boat, and was on a tideland that had been located on

Ultimately, the Defendant, by the above occupational negligence, caused the victim C, a fishing passenger on the port deck of the above fishing vessel, to conflict with the head at the corner of the stairs of the entrance of the steering house, and caused the death of the heart due to brain-resistant damage in accordance with the second part of the E Hospital located in Goungung-gun, Goung-gun, Goung-gun, Seoul, around 08:15 the same day, and at the same time, suffered injury to the victim F, the head of the above fishing vessel, who is the captain of the above fishing vessel, for about six weeks of medical treatment, as described in the list of crimes, by causing approximately 14 passengers, including fishing passengers, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Situation report (referring to a written report and report on the results related to the occurrence of an emergency patient; hereinafter referred to as "report");

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

1. Article 268 of the Criminal Act and Article 268 of the same Act concerning the applicable criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1) applies to

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