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(영문) 광주지방법원 목포지원 2016.11.25 2016고단1131
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of B (9.77 tons) who is a coastwise fishing vessel in the Yananan-gun, the coastwise coastwise, and is the person who has overall responsibility for the management of the above vessel and the safety of seafarers.

On October 14, 2015, the Defendant, at approximately 4.5 nautical miles from the Northwest bank, connected the Ro (55 m) to the roller installed as a course with four crew members, such as the victim C (the age of 56). The Defendant integrated the rop and the rop (20 m) installed in the fishing gear with the rop (16 m) connected the rop (16 m). On October 14, 2015, the Defendant carried out a work of putting the rop with the fishing gear operated by putting the rop by using the fishing gear through the operation of the cler installed in the roller.

Due to the weight of catch in the fishing gear at the time, the length of the log, the fruit, and the connection line were the largest, and the connection line was used for a long time compared to the log and the fruit, so there was a possibility of cutting, and there was a situation where the fishing gear does not get any longer from the fruit while carrying the fishing gear, so the captain was obliged to pay a duty of care to prevent accidents by safely putting the fishing gear after controlling the length of the log and the fruit.

Nevertheless, the Defendant neglected to do so and ordered the operation of the roller to draw off the roller without using it, and caused the victim’s face that the connection line was cut down due to the failure of the connection line to cut down into the roller, and led the roller to the price of the victim’s face that the cler operated by the Defendant in compliance with the Defendant’s instructions from the roller side.

As a result, the Defendant caused the victim to suffer from the occupational negligence as above, with multiple tensions, which are in an unexploitable plant condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. The victim shall be the victim of the on-site verification photograph and the investigation report.

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