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(영문) 광주지방법원 순천지원 2017.04.26 2016고단2810
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who serves as the captain of F (1.2 tons) who is a fish farm management ship.

around 08:00 on October 7, 2016, the Defendant left the country to install the Kim Farming Complex (UmP) by boarding the said F along with the victim G (47 tax) and H, a seafarer at the Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, and operated the said F in order to stop weather deterioration and enter the port of Sinsan, a place where departure was made, while the Defendant continued to install Kimche at the south of the above City/Do, and was operating the said F.

When the defendant intends to operate a ship as a captain, he/she shall grasp in advance the maritime weather in the sea area where the ship is scheduled to be operated, and when the maritime weather becomes poor during navigation, he/she shall enter a safe port port as soon as possible, and require the crew to wear a life jackets, and require the crew to prepare for an accident.

Nevertheless, despite the situation where the weather of the sea near the Sisando at the time was spreading with strong wind of 12ms or 16ms/s, and a high wave of 2m to 3.5ms, the Defendant left the port as above and sailed to the south of the Simdo to the south of the Simdo. The Defendant continued to leave the port and forced seafarers to enter the port of Simsan, without entering the port of Simdo gold to make it possible to enter the port of Simdo. During that process, the Defendant did not wear life jackets to seafarers during the course; around 09:15, around the same day, at the 300m prior to the south Sea of Simsan, the Defendant died to the victim G who was seated on the above FV deck at the sea and caused death to the sea at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, H, J, and K;

1. Each written statement of L and M;

1. A report on internal investigation (as to the confirmation of marine weather at the time of the accident), a report on internal investigation (as to the detection of changeers and accompanying photographs), and a report on internal investigation (as to the location of discovery of changeers and F.

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