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(영문) 서울중앙지방법원 2017.08.10 2017고합553

유기치사

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Defendant

A is a business owner who operates a gambling manufacturing company under the trade name of "D" in Ilyang-si, Yongsan-gu, Incheon Metropolitan City, and the victim E (56) was a child of the above A, who was suffering from a usual mental division due to mental disorder of class 2, and was working as the above "D" employee together with the defendant.

On March 18, 2017, the Defendant: (a) discovered that, among the Dos, the victim was working in the foregoing “D” plant, the ethylene content, which was kept inside the factory, was fluorily read “401 nishes”, which could cause addiction in light of the ethyleneglycol content, and did not have any awareness of drinking materials on the entrance.

The Defendant was a victim’s friendly parent-child and was living together in the same factory, and was actually living together in the same factory. The Defendant was responsible for the duty of care and safety consideration to the victim as the said “D,” and thus, in such a case, there was a legal or contractual duty to take necessary measures to rescue the victim, such as immediately sending the victim to a hospital upon reporting 119, and allowing him to receive emergency treatment.

Nevertheless, the Defendant: (a) caused a victim who was used by the Defendant to be placed on a factory building without taking any other measures, and (b) left the factory without taking any measures for about 30 minutes; (c) left the factory; and (d) left the factory without taking any measures, and (e) moved the victim who did not have been able to live in his body from both F and F to the dormitory room on March 19, 2017, without taking any rescue measures until March 19, 2017.

Ultimately, the Defendant abandoned the victim who needs assistance and was unable to receive early appropriate treatment, thereby causing death at the time of the abandonment of ethyleneglycol addiction.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol with respect to F;