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(영문) 수원지방법원 2017.05.24 2016고단8410
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 responsible for the general care of the medical care center as the president of the “C medical care center,” and the above medical care center was responsible for less than 50 patients, referring to the group of “D medical care center” and planned to provide meals to the Defendant without a dietitian.

On May 9, 2016, the Defendant provided the Victim F (62 tax) with the victim F (62 o) in the manner of p.m. from the above hospital located in Young-gu, Young-gu, Young-gu, Ma-gu.

In that sense, the Defendant, who is in charge of cooking and cooking the food group plan, has a duty of care to plan and prepare and provide the food group in line with the unique characteristics of each patient with reference to “the place of counseling for admission”. On April 27, 2016, the victim admitted to the above medical care center (hereinafter “the place of counseling”) was in charge of managing the records stating that he/she should provide only dead or injured food due to lack of the victim’s infant, so when providing food to the victim, he/she had a duty of care to prevent the occurrence of accidents caused by food to the victim by providing the victim, taking into account the aforementioned special circumstances of the victim.

Nevertheless, the Defendant neglected this and caused the death of the victim by an occupational negligence, which provides the victim with the “balone,” which is difficult to take the victim as a food among the o’s p.m., and caused the death of the victim with a multi-salone organ organ, on May 28, 2016, on the ground of the “quality” around 05:03, while being under treatment while being unknown in the emergency room of G sanatorium located in the area of Seongbuk-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against H;

1. Application of Acts and subordinate statutes to a copy of counseling for admission, a copy of a death certificate, and a copy of a certificate of medical records;

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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