Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for six months.

Punishment of the crime

Defendant

A is a medical doctor who cares for the elderly hospitalized at the F Elderly in Daejeon Dong-gu, Daejeon, and the defendant B is a person in charge of the management of the enemy-patient who is kept in the care center as the director of the medical care center.

Defendant

A, around 18:00 on March 22, 2012, at the Medical Care Center, transferred the medical care of the victim H (n, 81 years of age) with blue evidence from G, and thereafter used the terminal treatment device to 08:00 on March 23, 2012.

The victim is the elderly with long-term care grade 2 who is unable to move freely. As such, there is a risk of suffering from images when exposed to an out-of-the-counter therapy during the time period, Defendant B has an occupational duty of care to prevent accidents in advance by managing and inspecting whether the time control system of the in-the-counter therapy operator is properly operated. Defendant A, as a care manager for the victim, had a duty of care to prevent accidents in advance by using the victim as a care manager for the out-of-the-counter therapy while using the in-counter therapy for the victim, and by preventing the lapse of 30 minutes, which is an appropriate time for the first time.

Nevertheless, the Defendants neglected to do so and did not take safety measures, such as managing and inspecting the terminal operator in which the normal time control device is broken. Defendant A neglected the victim by providing the terminal treatment device on the back of the victim for two hours from March 22, 2012 to 23:00 on the same day.

After all, the Defendants jointly and negligently caused the victim to suffer three degrees, four degrees, and four degrees of images, which require the victim to receive approximately twenty-four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of a medical certificate;

1. The reason for sentencing under Article 268 of the Criminal Act and Articles 268 and 30 (Selection of Imprisonment without prison labor) of the Criminal Act regarding criminal facts is that the victim is vulnerable to the elderly who committed the crime, and the degree of injury is considerably high.