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(영문) 창원지방법원 마산지원 2017.11.28 2017고단596

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for four months.

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

Reasons

Punishment of the crime

The defendant has worked as a guardian at the closure ward of the E hospital in Hanam-gun, Hanam-gun, and has been in charge of the management and cleaning of ward equipment, patient protection and management.

The above hospital is hospitalized by patients with emotional uneasiness as mental hospitals, and patients with emotional uneasiness are likely to attempt escape through their windows so that safety bars were installed on their windows to prevent the fall of the patients. The entrance part of the window at the end of the corridor where an emergency summer machine was installed is managed in the state of constant correction through the file of the protective steel system, and the windows at that place were not installed separate safety bars in addition to the shock net.

The defendant managed the keys to the protective steel system, and took charge of the cleaning of the hospital using the cleaning tool kept inside the inside. The defendant had a duty of care to prevent the fall of the patient in advance by maintaining the correction state of the protective steel system at all times.

Nevertheless, the Defendant neglected to do so and clean up the corridor without shutting the protective steel door in order to take out the cleaning tool, and caused the victim FF (39 years old) hospitalized in the above hospital to have access to the hallway as the end of the corridor through the protective steel file opened, and caused the hallway to be removed from the building on August 29, 2015, and caused the death of the victim FF (39 years old) who was hospitalized in the above hospital to have his hallwayd from the end of the corridor, thereby falling off on the 1st floor by removing the window screen screen from the building and falling off on the 1st floor.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to H, I, and J;

1. A death certificate;

1. Physical list at the scene of a disaster;

1. On-site reports on the results of meals;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. As to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act during the suspension of execution.