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(영문) 인천지방법원 2015.12.17.선고 2014고단7769 판결
업무상과실치사
Cases

2014 Highest 7769 Occupational Death, etc.

Defendant

A

Prosecutor

Kim Jong-ok (Public Prosecution), Magran, Kim Jong-su, Lee Jong-su (Public Trial)

Defense Counsel

Law Firm B

Attorney in charge C, D, E

Imposition of Judgment

December 17, 2015

Text

The defendant shall be innocent.

Reasons

1. Summary of facts charged

The defendant is a physical clinic of G Hospital located in the Nam-gu Incheon Metropolitan City F.

At around 10:00 on November 14, 2013, the Defendant was in charge of the physical therapy for the victim H (the age of 94) in the water treatment room located under the first floor of the G Hospital. The victim was under duty of care to prevent the patient’s abortion accident by taking measures such as setting off a drama for the prevention of fall down in the beds, which is installed in the beds, in order to prevent the patient from falling down to the lower part of the treatment, because the victim was unable to drive with the body due to brain flasing, and there was an early dementia symptoms due to the old age.

Nevertheless, the Defendant neglected this and attached a knee to the victim’s knee, and neglected the victim to treat another patient while leaving a knee for the purpose of preventing the fall, resulting in the Defendant’s death with a kneology caused by the kneology of the self-medical consumer cooperative, which is a medical institution in the Dong-gu Incheon Metropolitan City, from being treated in the self-medical consumer cooperative, on March 13:40, 201, while being treated by the self-medical consumer cooperative, which is a medical institution in the Dong-gu Incheon Metropolitan City.

2. Determination

Even if an accident occurred due to the fault of the defendant stated in the above facts charged, the evidence submitted by the prosecutor alone is difficult to find a proximate causal relationship between the above accident and the death of the victim.

Thus, there is no proof of the facts charged in this case, and the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

Judges

Judges Park Sang-hoon

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