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(영문) 광주지방법원 목포지원 2012.09.20 2012고정229
업무상과실치상
Text

1. The defendant shall be punished by a fine of one million won;

2. 50,000 won if the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is the captain of an unclaimed coastal fishing vessel “C” and also the captain of the vessel.

The Defendant stated in the written indictment on October 6, 2011 as “ October 7, 2011,” but appears to be a clerical error.

Around 22:00, when the above fishing vessel was operated, and her ship was operated along the sea near the D Village Joint Fishing Ground in South-Nam-gun, North Korea, and the victim E (the age of 48) operated the 'F' and her ship operated the 'F' in the above village joint fishing ground, and the F followed the F that it was illegally engaged in the fishery. While the F returned to the direction of the F in order to verify the name of the ship, the F followed the F in order to check the name of the ship, even though it was in the situation where the north wind of 7.7ms at night and the maximum wind speed of 7.7ms at night in the front of the direction of the Eup/Myeonan-gun, the Haan-gun, North-gun, Korea, Korea, and caused the victim to the left part of the F's ship operated in the front line without keeping the safety distance with the F at night and without giving a proper view to it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to police transfer, respective documentary evidence, appraisal report, and diagnosis report;

1. Relevant Article 268 of the Criminal Act concerning facts constituting a crime: Article 268 of the Criminal Act;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

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