(영문) 울산지방법원 2020.2.18.선고 2019고정706 판결

Defendant B shall be punished by a fine of KRW 2,00,000. If the Defendant does not pay the fine of KRW 100,000,000, the Defendant B shall be confined to the head of the old calendar for the period calculated by converting the amount of KRW 100,00 into one day.

An order to pay an amount equivalent to the above fine shall be issued.

Reasons

Criminal Facts

Defendant is a caregiver belonging to the OO caregiver dispatch center. From around December 26, 2018 to around 17:00 on five occasions a week from around 14:0 to around 17:00, Defendant was engaged in the duty of care to visit the victim B (n, 70 years of age) suffering from cerebral disease. Defendant was in the residence of the victim in the Masan apartment in Yangsan-si around March 25, 2019, the victim was unable to use the victim's arms and legs entirely on the left-hand side due to thromatic disorder and the left-hand side part, and it is impossible to walk independently from the right-hand side due to lack of personal ability to walk. Thus, Defendant was in the duty of care to care to prevent the victim's accident, such as abortion, etc. during the visit call service hours, and Defendant was in the duty of care to care to prevent the victim's accident within the scope of the accident. From around 15:28 to 25:16 of the same day, Defendant left the victim's home for personal use.

Ultimately, due to the above occupational negligence, Defendant 2 suffered injury, such as the closure of a sacrife frame, which requires approximately eight weeks of treatment, from the victim.

Summary of Evidence

1. The legal statement of the defendant

1. Statement by the police on the ○○○;

1. Investigation report (The investigation of CCTV in △ apartment);

1. A medical certificate;

Application of Acts and Subordinate Statutes

1. Relevant legal provisions and selection of punishment on the facts of crime;

§ 268 of the Criminal Code, Selection of fines

1. Invitation in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Article 334 (1) of the Criminal Procedure Act that issues an order for provisional payment;