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(영문) 수원지방법원 안산지원 2015.06.03 2014고정1923
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is working as a nursing member of the D Hospital located in Ansan-si, Masan-si C.

The defendant was under the care of the victim E, who is receiving rehabilitation treatment from the above hospital 301 room due to brain -.

In light of the statement of the victim E (F) at the 301 room of the D Hospital in Ansan-gu, Sinsan-si, the defendant around 01:30 on June 12, 2014 and the statement of the police statement concerning the left-hand witness F and F, the victim is a patient who has a symptoms of the left-hand paralysis due to the right-hand brain color, and the "the right-hand side" stated in the written indictment is a clerical error.

A patient who is under rehabilitation treatment due to this math, and the victim seems to have no power, and the left-hand math is severe and the balance of body was frequently exceeded due to symptoms caused by one fire.

As above, since the victim is a serious brain-dead patient, the person in charge has a duty of care to look at the brue in order to protect the patient, even if the victim wants to report the brue to the toilet when he/she takes a high level of protective measures against the patient, and he/she has a duty of care to look at the brue in order to protect the patient.

Nevertheless, the defendant neglected this and moved the victim to a toilet at his own will, and used it to look at a thalthy, and immediately forwarded to the Ansan-gu Hospital and received an operation for cerebral blood, but around 14:15 on June 20, 2014, the defendant caused the victim's death of cerebral typosis.

Accordingly, the defendant caused the death of victim E by occupational negligence.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of the police statement concerning F;

1. A copy of medical records;

1. A report on occurrence of a disaster;

1. Records and photographs of the scene of the disaster;

1. Application of Acts and subordinate statutes to the results of autopsy by the National Institute of Scientific Investigation;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of criminal facts;

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