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(영문) 광주지방법원 목포지원 2013.04.11 2012고단1406
업무상과실선박전복등
Text

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

Reasons

Punishment of the crime

The Defendant is the captain of the “C” near coastal river shore fishing vessels.

The Defendant, at around 01:30 on November 26, 201, boarded-gun, Jindo-gun, on board the said fishing vessel, started from the port of the port of the west-gun, Jindo-gun, and started sailing at the southwest-gun, Yannam-gun, the operation place, and breached the duty of due care to check navigation equipment, such as the rasher, from time to time to time to time and safely navigate, and caused the victim to die (43 years old) on the 14-day sea area south-nam, Yando-do, Yan-do, Yando-dong, the 14-year-dong, the south-do-do-do-do-do-dong, the Defendant: (a) failed to discover the “E”; (b) caused the death of the “E” to fall into the “E,” and (c) caused the victim to die the said vessel to the “E,” and (d) caused the death of the vessel to fall into the “E”).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

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

1. The application of relevant Acts and subordinate statutes to documentary evidence photographs, investigation reports, and appraisers of each fishing vessel;

1. Relevant legal provisions concerning criminal facts: Articles 189 (2) and 187 of the Criminal Act: Death by occupational negligence, etc. under Article 268 of the Criminal Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. The Defendant asserts that there was no shockion between the Defendant and the Defendant’s assertion on the selective type of imprisonment without prison labor, and that there was no compromise between the Defendant and the Defendant’s wire line connected with the UE’s well-known vessel at the port of “C”.

First of all, the causes of “E” are cut back with a wire line connecting the upper and the upper half of the “E” to the upper and the upper part of the “E,” and the “E” boarding the “E,” the “E, while being divingd in the crew room, was locked, and the vibration was very serious, and the distribution was fluent.

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