2016 Highest911 Occupational, etc.

1. ○○ (620117 - - 2), nurses

Housing Eunpyeong-gu Seoul

Masan-si, Masan-dong

2. Kim○-○ (630410 - 2), caregivers

Seoul Mapo-gu

Seoul Central District Court Decision 200

Freeboard of emigration (prosecutions) and gambling support (public trial)

Law Firm Sung (For the Defendants)

Attorney Lee Young-ho

April 14, 2017

1. The defendant Lee ○ shall be punished by a fine of KRW 5,00,00, and KRW 00, and the defendant Kim ○ shall be punished by a fine of KRW 2,00, and KRW 00, respectively.

(c)

2. The period calculated by converting 100,000 won by one day in case where the defendants fail to pay the above fine;

Defendants are confined in a workhouse.

3. To order the Defendants to pay the amount equivalent to each of the above fines.

Criminal History Office

Defendant ○○ is between the team leader from around November 8, 2013 to the Eunpyeong-gu Seoul Metropolitan Government Nowon ○○○ Special Care Center.

Nursing services, such as medical care assistance to doctors, assistance in daily life of patients, guidance for medical care while working as a nurse;

Defendant Kim○-○ was overall in charge of the foregoing, and from February 12, 2015, he/she works as a caregiver at the above clinic from around February 12, 2015.

At the same time, the victim's maximum ○○ (n,80 years of age) was in charge of the care and nursing of the victim. The victim is a long-term need.

A patient with an old age who has been judged 2 grade 1) shall be admitted to the relevant medical care center on November 16, 2013 and shall be avoided on the basis of being admitted to the relevant medical care center.

Food can not be treated normally because the protection of the deceased has been granted and the food cannot be treated normally because there is no baby.

Inasmuch as plant was at the risk of corrosioning, it was provided with usual death or food.

The Defendants were well aware of the victim’s status.

Defendant ○○ may perform missionary activities at the program room of the second underground floor of the Medical Care Center around 40 around November 15, 2015

○○○○○○ intending to divide 'Madern '(U.S.)' into 'Madern '(U.S.)' to the medical care patient of the victim, etc.

Inasmuch as Defendant ○○ was well aware of the fact that it was done, and thus, Defendant ○○ was normally treated as the victim.

Measures to prevent them from being provided with 'Mad rice rice', or 'Mad rice rice rice', to patients not influent, snick, Sick.

1.3 1. 1. 1. 1. 1. 1. 2. 2. 1.

Defendant Kim ○-○ provided the victim, etc. on the same day: 14:40 on the same day.

Provision from the above ○○ to the victim who is moving wheel chairs to the second floor living room in the gram room.

Since we discovered that 'Madro Ma' was possessed, the damage that Defendant Kim ○ was not a child to Defendant Kim ○.

Victims shall be viewed as victims and necessary measures to prevent them from drinking rice rice with a state where it is not well sled.

Damage caused by the neglect of the victim's week due to the negligence of the victim's duty of care in the course of business;

failure to find any person. Such damage is jointly caused by occupational negligence of the Defendants.

A person, who was provided with rice rice with this ○○, as a victim, is a fluored person, with a glusium of rice tea, flusium.

Around that time, the above-mentioned medical center caused death by a labing and labing-type.

Summary of Evidence

The facts of the judgment

1. Defendants’ respective legal statements

1. Legal statement of the witness ○○○;

1. Partial statement of the witness Kim ○-○

1. Part of each prosecutor's interrogation protocol against the Defendants

1. Part of each police interrogation protocol against the Defendants

1. Part of the written statement by the police against the Defendants

1. Each police protocol on Kim○-○, Lee ○-○, Lee ○-○, and ○○-○

1. A copy of a statement of accidents by Defendant Kim○-○

1. A report on the results of field identification;

1. A written autopsy report, a written autopsy report, and a written autopsy and appraisal report;

1. Investigation report (Attachment of video CDs);

1. Investigation report (to attach a plan for using standard long-term care to victims);

1. Each photograph;

As a whole, there is evidence to recognize it.

Defendants and their defense counsel. The Defendants, as the Defendants, died of the victim’s frighting rice with eating at the time of the death.

In particular, in the case of Defendant Kim○-○, he could not have predicted that he would have caused it to be present at the time of his worship.

In addition, the victim only took the role of moving the wheelchairs of the victim, and the above defendant is not required to do so.

The facts charged and the facts charged cannot be expected to be deducted from the sea, or the victim cannot be viewed as victims.

Since there was no possibility to avoid the same result, as a result, the Defendants’ duty of care on duty.

2) We affirm that there was no violation of the above evidence. We examine the following facts, which are admitted by each of the above evidence:

or circumstances, i.e., the fact or circumstances that the victim did not have any son and did not use the mold;

In the case of plants, situations where it is difficult to drink without taking measures, such as sledding or going up in advance.

The Defendants had been well aware of the above status of the victim, and the time of the Medical Care Center of this case

○○○, which was a snowhouse, has to sit equally when meal for the victim, and have to take meals.

The fact that the victim knows that he/she is a medical care with the agenda, and the victim promptly takes food due to his/her search.

There was a tendency that the Defendants were unable to carry out an embankment, and the Defendants were aware of it to a certain extent.

보이는 점 , 백설기는 통상 멥쌀로 만들어져 찹쌀로 만든 떡에 비해 찰기가 덜하고 잘

Although it is a department, the level of its braille may be different in accordance with the manufacturing method or material, and sugar; or

Food not mixed with melting or mixing other amount with a powder, such as diesel, is not a food, but an entry.

B, etc., in the event of mixing with other amounts, a higher point ofity, and a tendency to be assembled in the military;

Unlike in this case, food that can not be made fluorily even if ging, is difficult to do so, and the medical care center of this case

education for caregivers who need to be careful in the event that food such as rice rice is provided.

(1) The main text of this case is to provide sled rice with sled rice, which is normally sled.

A caregiver ○○, who works in the Yangwon, is inside the house of the elderly ○○ at the time.

I would like to say "......" as "I will go to go to the hospital and go to the hospital and go to the hospital together with water."

2) Defendant Kim ○-do’s medical care personnel on the second floor and d. d.’.

A nurse or caregiver working for the Medical Care Center of this case, such as horses, etc., may cause danger to rice tea, etc.

In light of the fact that the Defendants could have known of the circumstances, etc., the Defendants are deemed to be the Defendants.

at the time the victim and some medical care personnel, such as the victim, return to the sick room, are in food before they return to the sick room.

(1) Along with the duty to anticipate that ○○ may be subject to danger, and the provision of ○○ rice rice, or

It was possible to avoid the above risk by taking measures to provide rice tea in a safe way.

It is deemed as having existed and, however, it is deemed as having been partially able to transport rice weed at the time, and rice we provide them with rice weed with rice weed.

'I will know about the circumstances as a person responsible for the on-site care as a person responsible for the on-site care,' and ‘I will keep him/her informed of such circumstances.

Considering that it was not taking any particular measure, medical care reports have not been taken and at the time, medical care reports

No action is taken with knowledge of the absence of any other nurse or caregiver, other than Domin○○,

There is knee rice knee, knee, rice knee, rice knee, and rice kne, away from this place.

With knowledge, it is necessary to take necessary measures, such as recovering 'I see see 'I see 'I see 'I see'.

In the instant case, the non-indicted 1's non-indicted 1's violation of the duty of care is combined.

Inasmuch as it is judged that the above facts were the same as the facts, a judgment made by the court after compiling the above facts.

The argument of the defendant and his defense counsel can be accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendants: Articles 268 and 30 (Selection of Fines) of the Criminal Act

2. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

3. Order of provisional payment; and

Defendants: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Unfavorable circumstances: The significant result of the death of the victim has been caused, and the victim has been used from the bereaved family members;

failure to give rise to such failure.

1. favorable circumstances: The instant case is not only by the negligence of the Defendants, but also by the medical care in front of the elevator.

employee or outside employee who is waiting with the victim but does not take care of the recipient, such as the victim;

A person in charge, etc. who has neglected to establish and implement a clear guidelines on food brought in;

The negligence of other persons seems to have occurred by competition, and food after worship is provided.

that is ordinary, and that the defendants do not pose a serious risk to the whiteus.

It seems that do not have known the possibility of the occurrence of the result as stated in its reasoning.

(2) However, there is a duty to anticipate such result to the Defendants on the part of the Defendants.

It is not denied, in particular, in the case of Defendant Kim ○-○, that wheel chairss need to be separated at the time.

The degree of violation of the duty of care is minor and damage as the situation in which both are moving.

It is found immediately immediately after he loses his consciousness that he attempted to provide first aid, and that he is serious;

The occurrence of the result seems to have contributed to the victim's age or health status, and the Defendants

Until the occurrence of this case, the victim is found guilty of the crime of this case, so long as the victim is able to do so.

If such determination becomes final and conclusive, the insurer of the instant medical center, the employer of the Defendants, etc.

to the extent that the defendants are expected to pay the insurance proceeds, and the defendants do not have any criminal power.

Points, etc.

Other matters prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime of the Defendants.

Taking into account the sentencing conditions

Judges South South-North.

1) Grade 3 of the indictment in the indictment is deemed to have been written in writing.

2) He stated this fact at the time of a call with a police officer, and subsequently, when he was present at the investigation agency and was investigated thereafter, Doz., however, reversed this;

Since it is difficult to understand the explanation about the reason why the statement was reversed, the statement about this part of the police's statement made to Do○○ is not trustable.

of this section.