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(영문) 수원지방법원 안양지원 2019.06.28 2019고정189
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 4, 2018, the Defendant, as a caregiver belonging to the “C” located in Mapo-si B, was engaged in the care work of the victim F (n, 68 years old), who is the patient of the Mapo-si from the fourth floor of the “E Hospital” located in Mapo-si.

Since the victim cannot properly use the left part of the body as a patient with paralysis, the victim has a duty of care to safely attend the victim, such as requesting nurses or other nursing personnel in a hospital, if it is impossible to assist the victim solely because the victim can not use the left part of the body.

Nevertheless, at around 21:30 on August 4, 2018, the Defendant, on the fourth floor of the above E Hospital, 2018, laid the victim into a toilet with the wheelchairs, seeing him/her, and she again took clothes and sits in a wheelchairs, without requesting other nursing personnel, nurses, etc. to assist the mixed victim, by negligence, who does not use sufficient force for arms while assisting the mixed victim without requesting other nursing personnel, nurses, etc., and caused the victim to go beyond the floor in the direction of the left side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence in the upper part of the upper part of the upper part, which requires approximately 49 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Nursing log;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (F);

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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