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(영문) 서울북부지방법원 2020.02.13 2019고단3685
업무상과실치상
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

Criminal facts

The Defendant is a caregiver working in Dobong-gu Seoul Metropolitan Government, who is engaged in the duties of protecting older persons who have been admitted to the sixth floor of the above hospital.

On the 6th floor of the above medical center, there are many elderly people who can move easily because they do not work smoothly, so the defendant, who is engaged in the duty of protecting the elderly, has a duty of care to prevent the accidents that are going beyond the unreasonable direction change in order to avoid the collision between the elderly and the elderly who are moving well at a sufficient interval with the elderly who passed through the medical center's corridor, and the elderly, who are in charge of the duty of care.

At around 16:20 on March 12, 2019, the Defendant neglected this and went to a corridor from the room of the sixth floor of the medical center at the above medical center, the Defendant was negligent in getting the victim a walked by walking in the direction of the Defendant, but the victim was 90 years old. However, the Defendant was negligent in getting the victim a walked by walking in the direction of the Defendant, thereby getting the victim to go beyond the direction of the alteration in order to avoid collision with the Defendant.

As a result, the Defendant got the victim from the occupational negligence in order to take approximately 12 prudent treatment (closed and right side).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Investigation report (C CCTV image verification);

1. Oils and enlarged improvement CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, is a caregiver, violating his duty of care for the victim who is a person in need of protection.

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