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(영문) 대전지방법원 홍성지원 2017.06.29 2017고정73
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of the inshore fishing vessel B (21 ton) in the sea-going port of loading.

On October 19, 2016, the Defendant entered the port of Taecheon-si around 21:0 on the 20th day of the same month, around 00:30 on the 20th day of the same month, and around 17 math day (the 35:5 minutes north, the 126:14 minutes north, the east 126:5 minutes east) in the south-do fishing village of Cheongdo-do-do-ri, the Defendant was in the course of the operation of the coastal Angratory net fishing, while he was in the operation of the coastal Angratory net fishing, and around 03:30 on the same day, 5 seafarers, including Vietnamese seafarers C (the 30:30 years old, and C) in the course of the operation of fishing gear on the deck.

In such cases, the defendant has a duty of care to closely check the safety conditions of structures, etc. installed on the ship before departure from the port, and to prevent various accidents that may occur in the ship, such as the fall of dangerous substances.

Nevertheless, the Defendant, by negligence, neglected safety inspection of the parallel B’s hull structure on October 20, 2016, fell on deck (7 meters in height) by a heavy force after the bar wing (50 centimeters in length x 10 centimeters in width) supported the steel wing, part of the upper structure connected to B decks at around 03:50 on October 20, 2016, which is part of the upper structure connected to B decks.

As a result, at the time of the fall of the steel string, the victim, who was in the process of performing the offshore eel net maintenance and repair work on B's decks, suffered an open top of the plestroke and closed stroke of the scoke in need of approximately 12 weeks treatment due to the shock of the steel c(30 years of age, C) the head of the Vietnam-Namn seafarer C (the above c).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis for C;

1. A report on the occurrence of an emergency patient in a military service and a report on the generation of an emergency patient;

1. Photographss and photographs of re-sealeds after sending an emergency patient;

1. Measurement of the height of the character B above the structure;

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