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(영문) 수원지방법원 성남지원 2018.01.23 2017고단2824
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the director of the “D” medical care center in Gwangju City, is a person engaged in the overall management and supervision of the medical care center facilities and inmates while operating the above medical care center.

Since dementia patients are admitted to the above hospital, and dementia patients are suffering from their awareness ability, the defendant operating the hospital thoroughly provides management and protection so that the inmates suffering from dementia do not receive safety accidents at the hospital, and in particular, there was a duty of care to prevent accidents by checking whether the entrance is corrected from time to time so that the inmates suffering from dementia do not fall into the stairs through the entrance of the entrance of the third floor of the building of the hospital, and if the inmates suffering from dementia leave the corridor to the corridor, he/she has a duty of care to prevent accidents by neglecting the accident.

Nevertheless, the defendant did not properly correct the stairs door of the third floor of the above building, and neglected the medical care care care protection company to gather in the nurse room, and did not take necessary measures to prevent the dementia victim E (71) who is dementia patients from returning to the mixed corridor of the victim E (71). On July 5, 2017, the defendant let the victim return to the mixed wheelchairs of the third floor of the above building at around 12:30 on July 5, 2017, and caused the victim to die away from the floor below the stairs connected to the third floor and the second floor through the entrance open to the victim, thereby causing the death of the neck, including the separation of 12:55 on the bones 1 and 2 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. On-site CCTV investigations;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the following sentencing grounds) is the instant crime.

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