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(영문) 인천지방법원 2014.11.06 2014고단537
업무상과실치사
Text

Defendant

B and C shall be punished by a fine of KRW 5,000,000.

Defendant

B and C fail to pay the above fine, respectively.

Reasons

Criminal History (Defendant B and C) A is a doctor to operate K Hospital, which is a mental health facility in Gyeyang-gu Incheon Metropolitan City, and Defendant C is a assistant nurse of the above hospital, Defendant B is a guardian of the above hospital, and the Defendants are engaged in the duties of protecting patients, such as managing patients of mental illness hospitalized in the above hospital so that they can not see abnormal behavior, such as suicide.

A around July 14, 2013, around 22:30 on July 14, 2013, the victim L(33 years of age) hospitalized in the third floor of the above hospital as a main addiction was reported by Defendant C to the effect that the victim stolen the main phone and inhaled it, and ordered the victim to isolate the victim in the stability room.

The Defendants had a duty of care to check the state of the victim isolated from the stability room from time to time and observe whether the victim appears to act more closely.

Nevertheless, the Defendants failed to observe the state of the victim isolated from the stability room from time to time, and caused the victim interested by the intake of the madrid to decompos and open the windows and remove them from the stability room.

Ultimately, at around 04:35 on July 15, 2013, the Defendants caused the death of the victim due to damage to the diversity of telegraph in front of the hospital.

Summary of Evidence

1. Defendant B’s legal statement

1. Defendant C’s partial statement

1. Each legal statement of witness M and A in part;

1. Examination protocol of the defendant A by the prosecution (the part concerning the defendant C's partial statement)

1. Application of the Acts and subordinate statutes governing examination reports, photographs of corpses, scene of occurrence, and corpse photographs, copies of nursing service days, protectors' work rules (Evidence List No. 16), nursing service rules (Evidence List No. 17), autopsy and appraisal books, photographs inside and outside of a stable room, and original photographs of stable rooms;

1. Relevant Articles of the Criminal Act and the choice of punishment (Defendant B and C) concerning the facts constituting a crime under Article 268 of the Criminal Act;

1. Detention in a workhouse (Defendant B, C).

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