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(영문) 부산지방법원 2016.08.17 2016고단2233
업무상과실치사등
Text

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

However, the Defendants are above two years from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B as the captain of Busan D Working Vessel (179 tons in gross tonnage, 29.5 meters in length, 14.5 meters in width, and 11 meters in width), the captain is a person who is in charge of directing and supervising seamen such as the mate of the above vessel and is in charge of operating and managing the above vessel. The Defendant A is a mate of the above vessel.

On September 4, 2015, around 00:42 around Jeju Special Self-Governing Province, the Defendants were operating the said vessel on board the instant vessel at approximately 0.3 nautical miless of E, 0.3 nautical miles (North Korean 33.18 degrees, east 126.9 degrees, east 126.9 degrees).

At this point, the Jeju Island is located between the Jeju Island and the Jeju Island, and the width of the route is limited to a narrow channel with approximately one kilometer, and the period during which Defendant A was engaged in the vessel operation since 2000, is not only three months but also three months. As such, Defendant B, the captain of the above vessel, had a duty of care to direct the vessel. Defendant A, who is engaged in the vessel operation, had a duty of care to take part in the operation of the above vessel, and Defendant A, who is well in the operation of the above vessel, had a duty of care to prevent the collision with other vessels operating the above route by properly operating the steering gear and properly.

Nevertheless, Defendant B left from a floating bridge and left alone to operate the above vessel by Defendant A, and Defendant A operated the above vessel without properly operating the steering gear without a booming the boom and left left and left, and Defendant A got out of the left side of the vessel G G of the coast (2.97 tons gross tonnage) at the time of Jeju-si, where the victim F, who was working in the front part of the above vessel, was on board the vessel at the front part of the above vessel and caused the sinking of the said G by taking the left side of the vessel G of the coast (2.97 tons gross tonnage).

Ultimately, the Defendants jointly buried a ship in which people exist due to the above occupational negligence, and at the same time caused the death of the victim due to the following water from the place of the ship.

(i) the evidence;

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