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(영문) 서울북부지방법원 2019.06.13 2018고단5124
업무상과실치사
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

From October 1, 2016, the Defendant is a caregiver working at C facilities, a commuting system welfare facility for the aged in Seoul Special Metropolitan City, Nowon-gu, as from October 1, 2016, and the victim D (77 years of age) has dementia, and has been using the above Center from around October 2015, since the victim D (77 years of age) has no upper dementia and has long-term care.

On April 16, 2018, at the above center around 19:00 on April 16, 2018, the Defendant provided the elderly in need of medical care with stolue rice.

In this case, as a caregiver, there was a duty of care to take necessary measures, such as whether senior dementia elderly people drink food at once immediately next to the day when they drink food, and whether they are properly able to take necessary measures.

Nevertheless, the Defendant neglected this and provided the victim with 3 x 4 cm rice with the size of 4 cm, and the victim did not abide by the fluenite, thereby preventing the victim from drinking rice. The victim died from the Seoul Medical Center around 19:53 on the same day.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A copy of each investigation report (Submission of Materials/Deficial Records of Suspects), a photograph of the Ministry of Health and Welfare, and a copy of the report of internal investigation;

1. A medical certificate of death, a copy of physical list at the scene of a change, a copy of a report on the results of field identification, an emergency medical service log, or a certificate of medical records;

1. A license for caregiver, a copy of a certificate of completion of report on establishment of welfare facilities for older persons, a copy of a license for caregiver, a list of eligible persons, special matters and cautions for meals;

1. Photographs (the defendant and his defense counsel) (the defendant's and the defendant's defense counsel drink) are fooded with the size of stomad rice with adult grandchildren (2.5 cm and stomad rice with a degree of 2.5 cm and stomad rice with a degree of

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