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(영문) 서울남부지방법원 2018.05.23 2018고정249

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

B is a person working as a nurse for nursing care of the D Hospital, which is a mental medical institution in Guro-gu Seoul Metropolitan City, and the defendant, E, and F is a person working as a guardian of the above D Hospital, and if necessary for medical treatment or protection, a person in charge of duties of isolation or coercion of a patient hospitalized in a mental medical institution according to the instruction of a medical specialist in the department of mental health.

B, around 14:00 on April 19, 2015, around 14:0, the medical institution for mental illness, explained the reasons why the patient G (39 years of age) who was hospitalized in the instant D Hospital 2's room with the symptoms of early illness should refuse to use the medicine prescribed by this Ordinance and take the medicine to the patient. On that occasion, the patient started to have interest, such as the victim's walking at B due to the outbreak of the disease and the number of the face for drinking, and the patient was around this.

F Dispatching a war without charge

In other words, the defendant, E, and another guardian, H, and I were found to be the above inside room.

A defendant, B, E, and F, as an employee of the above hospital which is a mental medical institution, cannot impose physical restrictions without a medical specialist's instruction. Even in cases where a patient hospitalized in the above hospital is subject to physical restrictions, such as isolation or restraint of a victim pursuant to the instructions of a medical specialist for the purpose of treatment or protection, such restrictions may be imposed only when it is deemed evident that the patient himself/herself or his/her surrounding person is highly likely to pose danger and injury and that it is clearly difficult to avoid such danger by any means other than physical restrictions. In fact, in cases where physical restrictions are imposed, the defendant, B, and F has a duty of care to pay close attention to prevent injury to the patient subject to physical restrictions or other parts.

Nevertheless, the Defendant, B, E, and F neglected this and neglected to divide the victim into knee and have been left behind the victim in the course of pressure kneeing.

E is the left face of the victim with the left hand.