However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The defendant is a caregiver working at the B Medical Care Center, and the victim C (the victim, the age of 80) is a senior citizen hospitalized in the Medical Care Center.

A victim is a person who is weak enough to walk independently without an assistant or auxiliary device, has dementia diseases, and is likely to suffer from falling, such as getting off a scam and attempting to use a mobile change at night. As such, the defendant has a duty of care to properly supervise and protect the victim so that accidents, such as abortion, etc. do not occur.

Nevertheless, at around 04:11 on November 19, 2018, the Defendant reported the form of the mobile changeer knife, which was not fixed on the floor by the victim, in the “B Care Center” located in Seocheon-si, Seocheon-si, 2018. However, the Defendant did not take measures to prevent abortion, such as getting the victim’s body and getting the victim to sit on a changeer, or putting the victim on the bed, and caused the victim to go beyond the rear by the occupational negligence, which left the victim over about five minutes, without taking measures to prevent abortion.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A report on investigation (victim status), a report on investigation (CCTV image) and output of CCTV image-faging devices;

1. Application of Acts and subordinate statutes to the approval for long-term care, medical prescription, medical certificate, and background of an abortion accident;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is to recognize and reflect a mistake by the defendant, to the first offender who has no record of criminal punishment, and to the extent of the victim's injury is about 8 weeks of medical treatment, but the defendant does not directly assist the victim and 5 minutes of medical treatment.