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(영문) 춘천지방법원 원주지원 2013.09.25 2012고단997

업무상과실치상등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a psychiatrist, is a person who operates the “E Hospital” in the original city D as a mental medical specialist.

The Defendant provided hospitalization rooms, etc. at the above hospital and provided hospitalized treatment and patient protection and management for patients, including victims F (n, 15 years of age).

At all times, patients with emotional uneasiness are hospitalized as mental hospitals, and patients with emotional uneasiness are likely to attempt escape through their windows. In such a case, the head of the hospital had a duty of care to prevent accidents in advance, such as creating a narrow range of windows or installing and managing facilities for preventing fall.

The Defendant: (a) had the windows of the program rooms on the fourth floor of the above hospital where patients freely enter and leave; (b) had the windows divided by half the size of the general windows, such as other sick rooms, and installed and managed so as to ensure that the patients do not pass through; or (c) had the windows installed and managed so as to ensure that they do not pass through the width of the windows; (d) neglected to do so; and (e) had the windows installed at the time of installing the windows, but did not put the windows in a simple square, not a saw but a saw on the upper part of the windows, as relatively low level of the windows at the time of installing the windows, so that the windows can pass through the active even if the windows are opened, and did not manage them ex post facto.

Due to the negligence of the defendant, the victim did not divide the windows in the program room of the fourth floor of the hospital on April 15, 2012 at around 10:00 on April 15, 2012, and without dividing them by 1/2, the window tightly opened to the extent that the width of the window tightly opened is sufficient for people to pass, thereby falling into the 1st floor gate roof.

Accordingly, the Defendant suffered by negligence on duty a serious injury such as invertebrate, etc. due to verteball.

Summary of Evidence

1. The defendant's partial statement in court;