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(영문) 광주지방법원 목포지원 2017.11.10 2017고단885
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the captain of a coastal fishing boat C at the coast-wise port registry at the port of Jininan-gun, the former Defendant is a person responsible for the safety of the life and body of seafarers aboard a ship.

피고인은 선원들과 C를 타고 출항하여, 2016. 10. 24. 21:00 경 전 남 신안군 자은도 북서 방 6.5해리 해상에서 선원들에게 그물을 걷어 올리는 양망( 揚網) 작업을 지시하였다.

At night, the player deck of the above fishing vessel was installed with a double net for drawing water, and there frequently occurred accidents that seafarers operate a double net system and carried in. In such a case, the safety management manager of the crew has a duty of care to immediately stop the double net and prevent accidents by stopping the engine of the above fishing vessel in advance. In such a case, the safety management manager of the crew has a duty of care to stop the double net and prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected the operation of the bareboat to the victim D (50) who has almost little experience in boarding and operating the bareboat, and did not see the crew's work situation in the steering house, and prevented the injured person from operating the engine as it is without stopping the burg, even though the situation requiring repair, such as the burging, etc., occurred in the burg, so that the burg can repair the burg.

As a result, the Defendant caused the above occupational negligence, while repairing a double net installed on the player deck in around 21:10 on the same day, the Defendant suffered injury to the victim, such as the right side booming cutting, which requires 16 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site reports (D telephone communications) 1.

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