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(영문) 서울중앙지방법원 2014.12.24 2014고단7110
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a medical care center specializing in dementia in Jongno-gu Seoul Metropolitan Government D'E, and the victim F (n, 78 years of age) who is dementia patient was hospitalized in the above medical care center and has protected the above F.

Since the patients suffering from dementia are likely to leave the hospital, and it can be easily predicted that the dementia patient has lost the path when leaving the hospital, the operator of the hospital specializing in dementia has a duty of care to control the situation of entry so that the patient can not easily leave the hospital, install a locking system so that the patient can not leave the hospital, and to check and control the victim's entry by operating the alarm system at the time of entry.

Nevertheless, on February 3, 2014, the Defendant neglected to perform the above duty of care at the medical care center around 18:30 on February 3, 2014, which led to the death of the victim by opening a door from the third floor of the hospital in the hospital in the hospital in the hospital in the hospital in the hospital in the hospital in the hospital in the hospital in the hospital in the hospital in the first floor through stairs and leaving the gate in the middle and

Summary of Evidence

1. Each legal statement of witness G and H;

1. Statement of the police officer to I;

1. The application of Acts and subordinate statutes to report on investigation (Attachment to reproduction of records of variable cases);

1. Article 268 of the Criminal Act and Article 268 of the same Act concerning the crime, selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) leads to the death of the victim due to the negligence of the defendant, and the fact that the victim’s bereaved family members did not reach an agreement is disadvantageous to the defendant

However, the defendant has no other criminal record except once a fine, deposits a considerable amount for the victim's bereaved family members, and reflects his depth on the occurrence of the above accident, and the victim's admission to the medical care center operated by the defendant.

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