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All judgment of the court below shall be reversed.
Defendant
A 10 months of imprisonment without prison labor, Defendant B 8 months of imprisonment without prison labor, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant C and D1 did not err by mistake or by misapprehending the legal doctrine (defendant D) on the occurrence of the instant accident, the lower court found Defendant D guilty of the instant facts charged, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2) Each sentence (Defendant C, D) sentenced by the lower court (Defendant C: KRW 5 million of the lower court’s fine of KRW 1,000, KRW 5000 of the lower court’s fine of KRW 2, KRW 500,000 of the lower court’s fine of KRW 7 million of the Defendant D) is too unreasonable.
B. Each sentence sentenced by the first instance court to the Defendants (for Defendant A, 2 years of a suspended sentence of one year, community service 160 hours, Defendant B: imprisonment without prison labor for 10 months, 2 years of a suspended sentence of 10 months, community service 160 hours, Defendant C: fine of 5 million won, and Defendant D: fine of 7 million won) is too unreasonable.
2. Determination
A. Determination 1 ex officio: (a) The prosecutor of the amendment of indictment (as to Defendant D), confirms that the prosecutor has properly provided education to nursing personnel by checking whether the accident occurred due to thorough management and supervision of the status, health conditions, the status of employees’ work, placement of human resources, facilities, etc. of persons admitted to the institution in the instant case; and (b) “Defendant D has a duty of care to ensure that the accident occurs due to the thorough management and supervision of the facility, etc.” (as to Article 8(3) of the Entrustment Contract, it is possible to directly educate nursing personnel) or K of the nurse, and the safety device is strengthened (as to Article 8(3) of the Nursing Contract, it is installed to ensure that the safety device is installed to ensure that the safety device does not discharge any water of high temperature above a certain temperature from the shower, or to ensure that it is displayed so that it does not do so).”