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(영문) 창원지방법원 통영지원 2014.04.16 2013고단1065
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six 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

At the time of Jeju, the defendant is the captain of the ship B (45 tons).

Around 08:00 on September 16, 2013, the Defendant entered the port of Taejin-gun, Taejin-gun, Taejin-gun, with the number of 11 passengers aboard the said vessel, entered the port of Taejin-gun, and had him/her engage in fishing operation on the sea of approximately 20 days on September 20, 2013, the 16:30 on the 16:30 on the 16:0 on the 16:30 on the 16:0 on the 20-ma

At the time, the Defendant directed seafarers and carried about a 1,00 throwing gear on the sea, throwing a 1,000 throwing gear connected to the throwing gear on the sea, and throwing it on the sea. During the work process, there was a risk that seafarers would be injured because the anchor was cut to connect the boom and the anchor.

Therefore, the defendant, who is in the position of the captain to direct and supervise seafarers and to take measures to prevent safety accidents, has a duty of care to evacuate seafarers around the port rail of the ship before anchoring, and to prevent an accident of anchoring from being sprinking and anchoring.

Nevertheless, the Defendant neglected this and ordered the victim C (Nam and 49 years of age) who was working in the vicinity of the port rail to anchor at anchor without leaving the victim C (Nam and 49 years of age) who was working in the vicinity of the port rail. Thus, the Defendant left the anchor connected to the barge by the power that the vessel is proceeding in the future, and the victim sprinked the anchor at the bottom of the vessel, and the victim faced with the head of the anchor.

Ultimately, the Defendant suffered injury, such as the dunes of head, dunes, etc. in which the victim cannot know the number of days of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each situation report, police transfer, ship-related documents, opinions, medical certificates, and written confirmations to the Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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