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(영문) 광주지방법원 순천지원 2019.02.08 2018고단2173
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual owner and the master of a sailing vessel B (82 tons) with a female occasional loading.

From June 14:00 to June 19, 2016, the Defendant: (a) requested the victim D (V, 53 years of age) who was under the supervision of the C Association sericultural with the Defendant to remove foreign substances and maintain the fleet; and (b) the victim was in charge of the removal of foreign substances and the maintenance of the fleet from the steering point of the C Association, which was known to the Defendant.

In such cases, the defendant, who is the actual owner of the above vessel and the captain of the above vessel, has a duty of care to prevent accidents by checking whether a worker has worked until the completion of the above work, or by posting a work supervisor, if the engine is operated during the above work, and the failure to work is likely to cause danger to divings due to the power failure.

Nevertheless, at around 14:10 on the same day as the Defendant neglected such duty of care as above, the Defendant, at around 14:10 on the deck of the above vessel, suffered from the fladulization of fladulization on the left-hand side in need of approximately 11 weeks of treatment by the victim who was under diving due to the operation of a net engine engine engine terminal with the electrical test engine terminal during the operation of the engine engine terminal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The insurance benefits confirmation agent;

1. Medical certificates and written confirmations;

1. Application of the photographic Acts and subordinate statutes;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc., and other conditions of sentencing, such as Defendant’s age, family environment, background of occurrence of accidents, and circumstances after committing a crime, shall be determined as ordered by the court.

(b)bed;

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