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(영문) 의정부지방법원 2014.11.18 2014고단1480
업무상과실치사
Text

Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for ten months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person operating E-Medical Care Center in Gyeonggicheon-gun Group D, and Defendant A is a person working as a caregiver for the above medical care center and is engaged in providing convenience, such as meals, to the elderly admitted.

Defendant

B, while controlling and supervising the medical care center, there was a duty of care to have a caregiver in charge of care to keep the whole process of meals and prepare for the sudden conditions when providing meals to the victim F (F (PP) who is a patient with severe mental illness with poor meals. Defendant A had a duty of care to keep the victim's position until the completion of meals, while performing a food duty, while performing a duty of care to keep him/her look at the state of the victim.

Nevertheless, at around 07:30 on November 16, 2013, the Defendants jointly committed the above-mentioned medical care center. Defendant B knew of the fact that the above-mentioned A was in a room due to lack of human resources and provided meals to 16 senior citizens including the victim at the same time, etc., and neglected to properly observe the situation where the victim was placed, and Defendant A did not take appropriate measures against the victim, such as leaving the place where the victim was able to properly take food and drink, even if the case seems to have been, and the case did not take proper measures against the victim, such as leaving the place of meal site for about 3 minutes and 42 minutes.

Accordingly, at around 08:29 of the same day as above, the Defendants caused the death of the victim who was taking meals at the above medical care center by his occupational negligence in a labing color by a foreign substance.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness G;

1. Each prosecutor's interrogation protocol against the Defendants

1. A written autopsy report, a report on the results of field identification, and a written autopsy and appraisal report;

1. A written reply to the inquiry of each case to the National Institute of Science and Technology of this Court;

1. On-the-spot report (on-siteCCTV verification);

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