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(영문) 수원지방법원 안산지원 2015.01.20 2014고단2807
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The defendant is a nursing worker in charge of nursing duties for hospitalized patients at a hospital located in the D Hospital located in the building of the Dong-gu, Ansan-si.

At around 11:00 on January 8, 2014, the Defendant, at the public bath room located in the fourth floor of the above D Hospital, had the victim E (V, 76 years of age) who was the patient of Albibibs who had difficulty in getting hospitalized treatment at the above D Hospital, and had the victim take a bath.

A cleaning agent has a duty of care to check the temperature of water emitted from shower in advance in order to prevent the patient from putting his/her own image in the shower, while making the patient a cleaning agent, and to prevent the patient from directly contact the patient's body.

Nevertheless, the Defendant neglected this and caused heavy water from the above hot water to directly contact the part of the victim, etc. by neglecting the shampoo and shamper on the floor of the above bath room in a state of directly contact with the victim, etc.

As a result, the Defendant suffered from the above occupational negligence, such as the victim, etc., a 40-day hospitalization for about 40 days, and the heart 2 that requires outpatient treatment for 6 months.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing admission and discharge;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant seriously reflects the fact that there is no other punishment record,

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