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(영문) 의정부지방법원 2020.10.14 2020고단3168
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a nursing worker in charge of the care of a hospitalized patient in a C convalescent hospital B at the time of strike.

At around 10:30 on August 4, 2019, the Defendant, at the joint shower room located in the above C Care Hospital, had the victim d (ma, 65 years old), who is a dementia patient with poor treatment in the above C Care Hospital, taken care of the victim d (ma, 65 years old), with the victim sleeped in the wheelchairs.

Since the temperature control of the water discharged by the electric temperature water tank installed in the above hospital joint shower room is not proper, there was a danger that patients booming with heavy water and breath may suffer from an accident of injecting the image. In order to prevent the patient from putting the patient in a shower box, the person in charge of the nursing work of the patient with heavy water and the patient from being boomed with heavy water during the shower box, there was a duty of care to check in advance the temperature of the water emitted from the shower box in order to prevent the patient from putting in a video, and to prevent the patient from directly contact with the patient's body.

Nevertheless, while neglecting this, the Defendant neglected the body of the victim, and caused water generated by showers to directly contact the body of the victim, the Defendant caused heavy water from the showering the above shower due to the negligence of leaving the turn of the victim and the victim, which directly contacted the body of the victim.

As a result, the Defendant suffered 20% of the heat stuffed image that could not be known to the victim due to the above occupational negligence (attached 2do 5%, 2Do 10%, 3Do 5%, 3Do 5%).

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, E, F, and G;

1. A medical certificate of each police statement of H, I, J, and K with respect to D;

1. Application of Acts and subordinate statutes to photographs of video parts;

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

1. Circumstances unfavorable to the reasoning of sentencing under Article 62(1) of the Criminal Act: the same applies to the suspended sentence.

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