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(영문) 대구지방법원 경주지원 2013.12.10 2013고단557
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain B (8 persons on board a ship, 59 tons, sporesponding Eup, sporesponding, and spores).

On February 4, 2013, the Defendant, around 05:40 on February 4, 2013, was engaged in fishing net operation at the sea of approximately 35 mams in the south-dong-dong-dong-dong Port of Mapo-si.

In such a case, the Defendant, who manages the safety of seafarers and the prevention of life accidents, shall closely check the operation site, and in particular, because there was a risk that seafarers’ losses or emissions may fall into the sea at the bottom of the fishing gear projected on the stern, he shall provide safety education to seafarers in advance, and as for seafarers working on the stern, there was a duty of care to check closed-circuit television (CCTV) installed in the ship from time to time to time to prevent accidents that may occur in the course of operation, such as fall on the sea by seafarers.

Nevertheless, the Defendant neglected to provide safety education and did not take any other measures to prevent any fall. On the other hand, the Defendant did not confirm whether the victim C (ma, 64 years of age) working in the stern did not fall on the sea. On the right bridge of the victim who was engaged in mixed fishing net operations in the stern, while the log, which was projected on the sea on the right bridge of the victim, attempted to cover the macker, the Defendant fell into the sea along the left hand hand, and the victim felled into the sea with the macker, and the Defendant continued to navigate around 30 minutes for fishing gear operations by gathering these facts.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand side, the water department, the water department, and the converted pressure damage, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A medical certificate;

1. Application of Acts and subordinate statutes on detailed information at entry and departure;

1. Article 268 of the Criminal Act applicable to the crimes;

1. The defendant under Article 62(1) of the Criminal Act is wrong;

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