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(영문) 청주지방법원 2013.12.13 2013고단1019
업무상과실치사
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 16, 2008, the Defendant established and operated the “E Medical Care Center”, which is a medical welfare facility for the aged from the Mansan-gun, Mansan-gun, the Defendant, around January 14, 2013, and around January 14, 201, the Victim F (W, 81 years old), a dementia patient, was hospitalized in the above medical care center.

The defendant was aware of the fact that the victim lost his house several times before being admitted to the Medical Care Center. On the other hand, the victim, even after being admitted to the Medical Care Center, tried to get out of the Medical Care Center alone, was found 2 to 3 times for the manager.

Therefore, the defendant, who is the person responsible for the above medical care center, has a duty of care to check and control the victim's access, and to take appropriate measures necessary for the safety of the victim, such as posting the victim a person who can control the situation of access so that the victim can not leave alone out of the medical care center, installing a corrective device that the victim can not easily open on the entrance, or installing a warning device at the time of access.

Nevertheless, the defendant neglected this and caused the victim to die in the water around March 14, 2013 while leaving the care center and taking the surrounding areas from around March 14, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some statements of each police station and prosecutor's protocol of examination of the accused;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to each photograph, death certificate, standard terms and conditions, medical degree, and current status of inmates;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The scope of the Defendant’s commission of judgment on the nature of a crime under Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Application for Compensation Orders shall include matters concerning the basic safety of the victim, and the Defendant’s symptoms with severe dementia.

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