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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who serves as a medical care and protection doctor at the “C” medical care center located in Dobong-gu Seoul Metropolitan Government.

On March 7, 2019, around 02:40 on March 7, 2019, the Defendant prevented the Defendant from entering the patient's room other than the victim D (V, 80 years old) who was working in the second floor of "C" located in Dobong-gu Seoul Metropolitan Government.

The victim, as an elderly dementia patient, shows symptoms such as the multi-level mental disorder and degradation in the ability to perform daily life, and the verbal abuse and violence have been observed, and the surrounding areas have been habited, so the defendant, who is employed as a medical care protection physician, has a duty of care to take measures to prevent the victim from getting out of the victim, such as helping the victim accurately grasp the patient's condition and preventing the victim from visiting the patient.

Nevertheless, the defendant neglected this and allowed the victim to go beyond the floor while putting the victim into another room while keeping the victim into the above room.

As a result, the Defendant suffered injury to the victim of the occupational negligence, which requires the victim to receive treatment for about six months. In addition, the Defendant suffered from the injury of the pelle of the pelle of the pelle.

Summary of Evidence

1. The defendant's legal statement E, the CD reproduction and viewing results of this court's legal statement;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to E and F;

1. A medical certificate of injury, or records of emergency situations;

1. Application of Acts and subordinate statutes, such as a record of nursing treatment, a observation log, a record of medical care protection company's business, and a standard teaching material for training medical care workers in 2019;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.