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(영문) 인천지방법원 2013.11.28 2013고단6809
업무상과실치사등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of the Nam-gu Incheon Metropolitan Government Ship C (7.93 tons, coastal self-help fishing vessels) who directs the overall affairs concerning operation and operation of C.

On October 4, 2013, at around 07:0, the Defendant, along with four seafarers, on the sea of approximately 12-math from the northwestdo of Incheon Spoondo, directed the steering house of the above fishing vessel, to carry out the net of the water, and the victim D and the victim E, respectively, carried out a net work connected to the top of the anchor net fishing gear at the center of the above fishing vessel.

On the other hand, since it was difficult at the same time to carry the fishing gear due to the power of steering, it is likely that the reduction linked to the fishing gear might be cut due to force. In such a case, there was a duty of care to suspend the operation and wait for or slowly carry the fishing gear until it is weak.

Nevertheless, the Defendant neglected the above duty of care and ordered the crew to carry the fishing gear, and the victim D and the victim E were cut without a long force to connect the fishing gear and the roller in accordance with the direction of the Defendant, and caused the victims to fall into the sea by leaving the bridge, etc. of the victims. The victim E was rescued at the site, but the victim D was missing from the site and discovered at the sea on October 10, 2013, after the victim D was found to have died at the 5.8 Ethmb from the Northwest-gu, Incheon Spoon-si, Spoon-si, Incheon, Spoon-do.

Ultimately, the Defendant, through the above occupational negligence, caused the victim E to suffer injuries at cage cage cages and tensions in need of approximately two weeks of medical treatment, and caused the victim D to die due to cardiopulmonary suspension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A situation report, a corpse inspection report, and a medical certificate;

1. Application of statutes on site photographs;

1. Criminal facts;

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