(영문) 제주지방법원 2014.03.14 2013고단1606

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2014.03.14 2013고단1606

업무상과실치사

Text

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

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, as the captain of C (hereinafter “instant vessel”) that is an inshore fishing vessel for the coastwise loading, is a person in charge of directing and supervising the crew and managing the overall operation of the vessel.

At around 12:30 on September 15, 2013, the Defendant: (a) operated the instant vessel and laid the scambling gear at the sea of 7 nautical miles southwest and south, and (b) suspended the engine of the scambling on the instant vessel screen; (c) the crew, who was connected to the said scambling gear, suspended the engine to the scambling on the instant vessel; and (d) fixed the said scambling gear to the scam on the port side; and (e) cut off the scambling to the scam to the scam, which was installed with the FRP material at the time of the instant vessel; and (e) at the time, the crew did not fall on the port side of the instant vessel, and thus, the Defendant, as a captain, at the time of the suspension of operation of an engine, was able to provide prior notice of the engine to the crew’s duty of care to prevent the operation of the engine.

Nevertheless, the Defendant neglected such duty of care and caused RPM to increase up to 900 by operating a ship engine, and caused the ship to fall into the sea by the negligence of a crew member D (the age of 40) who was on duty at the port side of the ship, who was on duty in the ship's port side, to fall into the sea and fall into the sea due to its power and reflect power.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to survey reports on actual conditions and photographs on actual condition C;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 268 of the Criminal Act;

1. Suspension of execution: Criminal law as stated in the reasons for sentencing under Article 62(1) of the Criminal Act.

참조조문

-형법

-형법 제62조 제1항

-형법 제268조

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