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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) D’s desire is not considered to have taken appropriate measures since it had already been in the 3 and 4 stages of November 10, 2016, and thus, the Defendant had taken an adequate measure. G and P’s statement consistent with the Defendant’s assertion falls short of credibility, and even if the Defendant first discovered D’s desire on November 8, 2016, the Defendant did not immediately transfer to the hospital or notify his guardian, and thus, the Defendant’s act of neglect was recognized.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it rendered a not guilty verdict on the facts charged.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is the president of the “C”, who is a sanatorium for the elderly in Gyeyang-gu, Gyeyang-gu, Seongbuk-gu. The Defendant is a person who actually operates the said hospital.
In order to provide older persons who need help with home-like residential conditions, meals, medical care and other necessary daily conveniences for such older persons as dementia, paralysis, etc. due to a scarcity, etc., the accused shall prevent the aged admitted to the relevant medical care center in accordance with the standards, etc. for operation of medical care facilities for older persons, and shall endeavor to maintain their health through appropriate treatment and medical care according to the conditions of the disease, and shall not abandon older persons under his/her protection and supervision, or neglect to provide basic protection and medical care, including food, clothing and shelter.
Around November 18, 2016, the Defendant, at the medical care center around 18:00, must provide treatment equipment and medicine to the victims D (the aged 74) who are hospitalized, from time to time, to time change the body body, and check and replace the diaperity per hour. Nevertheless, in the event of a disease such as a bath or a de facto bathing, the Defendant’s family immediately do so.