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(영문) 수원지방법원 안산지원 2016.09.01 2016고단863
업무상과실치사
Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment without prison labor for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the director of the E Medical Care Center located in D, 2, and 3th floor in Si interest-si, and Defendant B is the director of the E Medical Care Center who works as the deputy leader of the above E Medical Care Center.

Defendant

A has a duty of care to prevent any sudden accident by thoroughly managing and supervising the current status and health status of persons admitted to the hospital, the status of their employees, and the placement of human resources and facilities, etc. taking into account that the elderly persons suffering from mental illness such as dementia are the head of the above medical center. Defendant B has a duty of care to thoroughly grasp the movement of persons admitted to the hospital in charge in consideration of the fact that they are mainly suffering from mental illness such as dementia as the head of the above medical center.

From August 30, 2015, the Defendants entered the above E Medical Care Center 306 room, and the victim F (78 years old) suffering from sinson’s disease and dementia, and suffering uneasy, early 2015, the Defendants, according to the above duty of care, immediately cope with unexpected actions, such as the victim getting out of the aftermath, leaving from the aftermath, and leaving the entrance, and thoroughly controlling the entrance and exit, thereby preventing danger and injury from being incurred, and as a result, neglected to enter the above E Medical Care Center 306 room from September 2, 2015 to December 55 of the same day, the Defendants got out of the above 306 room of the above Medical Care Center after getting out of the 5th floor of the above 4th floor and the above 5th floor of the medical care room and the above 5th floor after getting out of the 5th floor of the building.

Accordingly, the Defendants jointly caused the death of the victim by occupational negligence.

b)a summary of the evidence;

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