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(영문) 제주지방법원 2014.01.17 2013고정423
업무상실화
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant worked as the captain of the victim CD (hereinafter “the instant vessel”) and, at around 16:00 on January 4, 2013, at the same time, at the engine room of the instant vessel, at the one-half port of Seopopopo-si in Seopo-si, the Defendant installed electric equipment, power distribution team, and exhauster, etc., and thus, the Defendant had a duty of care to frequently check whether there is any element of sprink due to poor contact with the part of the ship, and whether there is inflammable substances in the surrounding equipment of danger of fire, such as the ship yard, etc., despite the fact that there was a duty of care to prevent the occurrence of fire, the Defendant neglected to check the parts of the cross-part of the two ter (12v, functional connection) used for the trial operation of the main engine of the instant vessel, and neglected to have a strong flammable of fuel oil stored on the ship yard, destroyed part of the said 2000 mar and 5000 mar.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Application of Acts and subordinate statutes to the identification photographs at the scene of a fire, the report on the results of field identification of a fire ship D, the investigation report (the second type type type type type type type type type type type type type of a fire).

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 171, 170 (1), and 166 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. The provisional payment order: Judgment on the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act

1. (1) Before the instant case, the Defendant was unable to find out any unexpected contact between the main engine and the main engine, or any abnormal requisition therefrom, and the owner of the instant vessel was subject to regular inspection on December 31, 2012, taking into account the fact that no contact was found.

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