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Defendant
A shall be punished by imprisonment without prison labor for ten months, and by imprisonment without prison labor for eight months, respectively.
However, the two years each from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a caregiver who works for the "E Medical Care Center" located in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, and the defendant B is the representative of the above medical care center.
On October 11, 2015, at the above medical care center around 06:44, the Defendants had a tendency to provide meals to the victim F (the age 92) who had been accommodated in a restaurant, by continuously controlling and supervising the victim’s eating process; and in such cases, Defendant B, the representative of the above medical care center, who controls and supervises the above medical care center, has a duty of care to provide the victim with education, management and supervision so that emergency situations such as quality, etc. do not occur; Defendant A, a private citizen, who is under the care of the victim, continuously manages and oversees the victim’s eating process so that emergency situations such as quality, etc. do not occur; furthermore, Defendant B, a representative of the above medical care center, at the time of providing the victim, has a duty of care to provide education, management and supervision so that he/she can properly cope with such emergency situations such as quality, etc.; and furthermore, Defendant A, a private person, who is under the care of the victim, has a duty to manage and supervise the victim’s eating process so that it does not occur.
Nevertheless, Defendant A knew that the emergency situation occurred without regularly observing the victim for reasons such as shortage of human resources, etc., Defendant A neglected it without properly responding to it. Defendant A left the victim so that the victim could be able to take mixed meals on the ground that management of other inmates than the victim, etc., so that food such as balcons, etc. was prevented, and the victim has discussed.