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(영문) 수원지방법원 성남지원 2015.10.29 2015고단1616
업무상과실치사
Text

Defendants shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A From March 2014, from around 2014, the 10th, 11th, and 12th, the 10th, 11th, and 12th, are leased to the Do Building in the Gyeonggi-nam-si, and is the director of the mental department and the director of the specialized hospital who operates the "E Hospital" against patients with mental illness, dementia, and the director of the planning department of the same hospital.

In the center of the 13th rooftop outer wall of the D Building where the above hospital is located, the center of the 13th rooftop outer wall of the 13th floor in the ground is in a state where there are about 135cm wide and about 755cm high and about 171cm high, no blocking is installed even though there are about 10 parts of the opening at the above 135cm high, and there is an external acid for about 15-20 patients every week. The above hospital has a duty of care to provide safety education to the employees in order to prevent the patient from leaving the opening side at the time of the patient's emergency. As the mental patient is likely to attempt or fall through the opening at any time because there is a gap in the management of the outside in the 13th floor, so the above hospital has a possibility and risk of attempting or falling the escape through the opening.

Nevertheless, the Defendants, while leaving the opening of the opening without installing a temporary network or blocking, performed the external measures of the patients while leaving the opening of the opening, did not properly conduct safety management training for the employees who take measures against the patients. On the 13th floor of the above hospital, on May 7, 2015, the Defendants divided the contact between the 10,000 male and the 10,000 male and female employees of the hospital that was designated to manage the safety of the patients from the 13th floor of the above hospital and the other patients. Accordingly, on the 5th floor of the hospital staff who was designated to manage the safety of the patients, there is a gap between the 10,000 square meters on the rooftop and the 10,000 other patients.

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