Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person engaged in the overall management and supervision of the hospital facilities and inmates while operating the hospital as the president of the “D” in Kim Jong-si.

Since patients suffering from dementia including victims E (n, 89 years old) are admitted to the above hospital, and dementia patients are suffering from dementia, they are suffering from dementia, so the defendant operating the hospital can easily predict the situation that the inmates suffering from dementia are likely to leave the hospital and lose the path when the dementia patients move out of the hospital. In such cases, the defendant has a duty of care to check and control the victim's access and take appropriate measures necessary for the safety of the victim, such as installation of corrective devices to prevent the victim from being married to the hospital, etc.

Nevertheless, on August 19, 2016, the Defendant neglected to perform the above duty of care at the Medical Care Center around 23:40, and accordingly, the Defendant caused the death of the victim while he hedging out of the Medical Care Center.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F, G, and H;

1. A report on investigation (on-site photographs);

1. Application of Acts and subordinate statutes on report of internal death (an ex officio investigation);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The victim committed the instant crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment.