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(영문) 의정부지방법원 2018.02.21 2017고단5279
업무상과실치사
Text

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

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants work at the F Care Center located in Gyeonggi-gu E, Gyeonggi-do for medical care and protection, and are engaged in the work of providing convenience to the aged admitted to enjoy their daily lives, such as bathing and meals.

In the case of the victim G (V, 78 years old), who was admitted to the above F Medical Care Center, the Defendants were in a state where the body cannot be accumulated by themselves due to the th degree of brain les and the fluoral disease. Therefore, when the Defendants desire to bath the victim, the Defendants were obliged to leave the victim at a bath so that the victims who are unable to take the body do not suffer from the brue of the bath at the same time, such as when the 3 and 4 medical care guardians are sitting in the brue, while the brue is accompanying the brue.

Nevertheless, at around 10:25 on May 30, 2017, the Defendants jointly sited in a bath who is not a bath for the victim without additional human resources for lack of human resources in the above F Care Center bath room, and in order to remove each quality, Defendant A, while Defendant B, by negligence in the course of business, caused the victim to wear down the right edge of the victim, and caused the victim to shock the head on the floor of the area where the victim’s bridge, which caused the victim’s loss of central weight and the victim’s desire to take up without leaving the bath.

As a result, the Defendants caused the death of the victim by her occupational negligence at the Hanlim Hospital on June 20, 2017 during the after-the-counter treatment at the Hanlim Hospital.

Summary of Evidence

1. Each legal statement by the Defendants (as at the third public trial date);

1. Statement made to H in the police statement protocol;

1. The application of Acts and subordinate statutes to a death certificate, on-site photograph and variable photograph, and written appraisal of autopsy;

1. Relevant Articles 268 and 30 of the Criminal Act and the Defendants who choose the punishment for the crime: Articles 268 and 30 of the Criminal Act;

1. Defendants in a suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered as favorable to the reasons for sentencing) (legal grounds).

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