(영문) 광주지방법원 목포지원 2016.04.05 2016고단123

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2016.04.05 2016고단123

업무상과실치사

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is responsible for the prevention of hazards and safety management of ships and seafarers working as the captain of the ship and crew who is engaged in the operation of the ship and crew of the ship of Boan-si, the offshore gal net fishing. B (48 tons).

On December 6, 2015, around 08:00, the Defendant left the port to board seven seafarers, such as the victim C (C and 41 years of age) under the above subparagraph B in Bocheon-si, Bocheon-si, and arrived at the neighboring sea near the 21:00 on the same day, the Defendant entered the port to operate.

At around 14:00 on December 7, 2015, the Defendant, along with the above crew members, had a door connected with the fishing gear during the course of throwing the fishing hole into the sea, engaged in the work of releasing the above door.

In such a case, as a captain who exercises overall control over the safety of seafarers, has a duty of care to prevent accidents, such as the fall into the sea, if a seafarer, who sets the upper end of the ship, takes a flab in the scrap so that the crew with the upper end of the ship, might fall into the sea. Therefore, the captain, who takes charge of the safety of seafarers, has a duty of care to ensure that a seafarer who sets the upper end of the ship, takes the upper end of the ship, cut the upper part of the ship at any time, cut the upper part of the ship, cut the upper part of the ship, cut the upper part of the ship in the opposite and outside part of the ship, etc.

Nevertheless, the Defendant neglected this and did not fix the log in the hacker pole, but cut the log from the back of the victim's back to the hacker, thereby causing the victim to fall into the sea along with the log due to the power of the cut log, and resulting in the victim's hacking around 14:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each of the D, E, F, G, and H.

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