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(영문) 광주지방법원 목포지원 2014.02.21 2013고단1530
업무상과실치상등
Text

Defendant shall be punished by imprisonment without prison labor for a year and a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. No person who violates the Public Order in Open Ports Act shall fish at a place where ship traffic might be obstructed within the boundaries, etc. of an open port, or on a sea route designated and publicly notified by the Minister of Oceans and Fisheries;

Nevertheless, at around 05:10 on April 29, 2013, the Defendant engaged in fishing within the boundaries of an open port where it might interfere with the traffic of vessels, such as operating fishing by means of throwing or fishing nets at the sea front of the flag in advance of the flag.

2. The Defendant injured by occupational negligence is a person engaged in C Navigation.

On April 29, 2013, at around 07:00, the Defendant completed the operation as described in Paragraph 1, and discovered that D was in operation on the sea (on the back of the peace square) around 1 km in the direction of the players, starting from the sea in front of the peace square, which is located in the peace-ro at the time of Mapopopo.

In such cases, the defendant engaged in navigation has a duty of care to prevent accidents by paying attention to visual, hearing, presence of obstacles to navigation, close conditions, speed, etc.

Nevertheless, the Defendant neglected it and caused the victim B (the 33 years old), a seafarer, who was engaged in the two net operations at the point of D's port, to go beyond decks, and suffered on the left side of the 11 week medical treatment of WWW WW WWW WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWS.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written diagnosis on B;

1. Investigation report (F telephone call investigation for witnesses);

1. Written reply to the inquiry of the fact by the wooden Maritime Police Station;

1. Application of documentary evidence photographs, documentary evidence photographs (inception location and damaged vessel D)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 46 subparag. 2 and 37 of the Public Order in the Open Port of Punishment Act (the violation of fishing prohibition), Article 268 of the Criminal Act, the injury caused by occupational negligence, the choice of imprisonment without prison labor, and the degree of injury inflicted on the victim.

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