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(영문) 대전지방법원 홍성지원 2021.01.12 2020고단949
업무상과실치사
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 21, 2020, the Defendant was on board as the captain at the port B of the Sogwon, Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant went through the sea-based fishing operation at approximately 17 nautical miles of the Seogjin-gun, Incheon, Incheon, on the same day, at around 10:00, on the 17 nautical miles of the Sogjin-gun, Chungcheongnam-do.

In the event of an operation to reduce the amount of fishing gear using the net, accidents involving the injury or death of parts of the nets frequently occur. As such, the captain who is responsible for the overall command of the crew’s work and safety is obliged to exercise a duty of care to prevent the occurrence of accidents and the expansion of damage by having the crew stop at any time at any time when the danger occurs by means of posting the net operator.

Nevertheless, the Defendant neglected to do so, thereby preventing the seafarers from doing so, and carried out operations without safety measures, such as not posting the two-way operator, etc., by simply putting the two-way steering force at all times in the event of the two-way fishing operation. The Defendant caused the death of the victim at the site of the two-way fishing, with the victim’s left hand, who carried on the two-way fishing force, while taking care of the situation of the crew’s work, and with the negligence of not taking care of the situation of the crew’s work, putting the ropes at the present roller, while the victim’s personal hand carried on the two-way fishing boat, putting the victim’s left hand on the front roller between the two-way fishing force, making the victim’s death.

Summary of Evidence

1. Application of Acts and subordinate statutes to report internal investigation (a copy of records of changes in personal history) by defendants in court;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order results in the death of the victim, the background of the occurrence of the accident and the degree of negligence of the defendant and the victim, the fact that the victim's bereaved family members have agreed with the owner of the ship B, and other age, occupation, and criminal records (no history of the same type of punishment) of the defendant.

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