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(영문) 부산지방법원 동부지원 2019.05.17 2019고합46
상해치사
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Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 500,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On February 11, 2018, Defendant A: (a) around 21:45 on February 21, 2018, at the Dvalescent E located in Suwon-gu, Busan; (b) the victim F (the age of 82) hospitalized in the same sick room and the sick room, etc.; (c) the victim’s chest part was displayed toward the victim’s face and was pushed with the victim’s chest part by hand, and caused the victim to face the left head and face part on the floor, and caused the victim to face the victim’s luminous part.

Defendant

A, around 12:00 on February 19, 2018, caused the death of a victim who was receiving medical treatment at a hospital located in Suwon-gu G (hereinafter “H hospital”) in Busan-gu (hereinafter “H hospital”) due to cerebral cerebralopsis, cerebralopsis, cerebralopsis, cerebralopsis, etc.

As a result, Defendant A injured the victim and caused the death of the victim.

2. Defendant B is a person who operates the Dental Medical Foundation D/C medical corporation located in Suwon-gu Busan Metropolitan City C.

All kinds of hospitals shall have medical personnel on duty necessary for medical treatment, etc. of emergency patients, and for up to 20 inpatients, one medical doctor, dentist or oriental medical doctor, and two nurses shall be appointed.

Nevertheless, on February 11, 2018, from around 21:45 to February 12, 2018, the Defendant operated the above hospital without a doctor on duty because there are 150 inpatientss in the above DD hospital, and thus, one doctor on duty was assigned to the said DD hospital.

Summary of Evidence

[Fact 1]

1. The defendant A's partial statement

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement made to J, K, L, M, N, andO;

1. Each investigation report (the sequence 2,28, 29, 30, 35 of the evidence list);

1. Reports on internal investigation (the sequence 4 in list of evidence);

1. A autopsy report, a death diagnosis report, a report of the results of investigation of a person who has suffered from a change, a transcript of each record, and a autopsy and appraisal report (the fact of Article 2 in the market);

1. Defendant B’s legal statement

1. Each police suspect interrogation protocol of P and I;

1. Police in relation to M.

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