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Deals & Cases

Occupational negligence causing death

Incheon Criminal Attorney Assistance | Suspended Sentence in an Occupational Negligence Causing Death Criminal Case

The client who requested help from an Incheon criminal attorney came to the Incheon criminal attorney in order to defend against punishment, facing a criminal lawsuit on a charge of occupational negligence causing death.

CONTENTS
  • 1. How the Client Came to an Incheon Criminal Attorney
    • - The Client Who Requested the Assistance of an Incheon Criminal Attorney
    • - The Laws Related to the Case Explained by the Incheon Criminal Attorney
  • 2. The Assistance Provided by the Incheon Criminal Attorney
    • - Incheon Criminal Attorney, Asserting That It Did Not Amount to Restraint
    • - Incheon Criminal Attorney, Asserting That the Duty of Care Had Not Been Breached
    • - Incheon Criminal Attorney, Asserting the Absence of Any Other Criminal Record
  • 3. Result of the Incheon Criminal Attorney's Assistance, "Suspended Sentence"
    • - Do You Need the Help of an Incheon Criminal Attorney?

1. How the Client Came to an Incheon Criminal Attorney

The client who came to an Incheon criminal attorney, facing criminal punishment for the crime of occupational negligence causing death, urgently requested the assistance of the criminal attorney at the Incheon office.

The Client Who Requested the Assistance of an Incheon Criminal Attorney

Incheon criminal attorney

This is the story of the client who requested the assistance of an Incheon criminal attorney.

The client is a nursing assistant working at a hospital located in Incheon, and the victim is an inpatient.

On the day of the incident, the client recommended that the victim take medication, but the victim refused.

Thereafter, the client received an instruction from the victim's attending physician to inject the victim with medication.

In order to inject the victim with the medication, the client restrained the victim, and in this process the victim died of asphyxiation caused by the pressure.

Ultimately, the client was subjected to a criminal lawsuit on a charge of occupational negligence causing death and requested the assistance of the criminal attorney at the Incheon office.

The Laws Related to the Case Explained by the Incheon Criminal Attorney

Criminal Act Article 267 (Negligent Homicide)A person who causes the death of another through negligence shall be punished by imprisonment without labor for not more than 2 years or by a fine of not more than 7 million won.
Criminal Act Article 268 (Occupational NegligenceGross Negligence Causing Death or Injury)A person who causes the death or injury of another through occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than 5 years or by a fine of not more than 20 million won.

2. The Assistance Provided by the Incheon Criminal Attorney

The Incheon criminal attorney ascertained the circumstances of the case through a consultation with the client.

The Incheon criminal attorney gathered various sentencing materials and established a systematic strategy.

Incheon Criminal Attorney, Asserting That It Did Not Amount to Restraint

Restraint refers to the act of restricting a patient's body using restraint devices or isolating the patient separately in a seclusion room.

The Incheon criminal attorney emphasized that the client's act of holding the victim's body part did not amount to restraint, but was merely an act to assist in the administration of the injection.

Incheon Criminal Attorney, Asserting That the Duty of Care Had Not Been Breached

It was argued that, although the client had been holding the body part, the situation was not one in which pressure could be applied to the victim's abdominal area.

In this regard, the Incheon criminal attorney emphasized that it could not be concluded that the client had breached the duty of care.

Incheon Criminal Attorney, Asserting the Absence of Any Other Criminal Record

The Incheon criminal attorney emphasized that the client was a first-time offender with no prior record of having been punished for involvement in any crime.

The attorney also argued that the client had worked diligently as a nursing assistant for a long time and had attended to patients with a devoted attitude.

3. Result of the Incheon Criminal Attorney's Assistance, "Suspended Sentence"

Accepting the arguments of the Incheon criminal attorney, the court rendered a suspended sentence in this criminal case.

Satisfied with the result, the client visited the Incheon office and conveyed words of gratitude to Daeryun's criminal attorney.

Do You Need the Help of an Incheon Criminal Attorney?

🔗occupational negligence causing death or injury is charged and one is to be punished, one is subject to imprisonment without labor for not more than 5 years or a fine of not more than 20 million won.


Accordingly, a strategic response from the early stage of the case through to its resolution is required, with the assistance of an attorney with relevant expertise.

At Daeryun Law Firm, attorneys with relevant expertise and an average of more than 20 years of experience provide close assistance for clients from the early stage of a case through to its resolution.

If you are having difficulty defending against a criminal lawsuit in a situation similar to the case above, please feel free to entrust your criminal case to an Incheon criminal attorney at Daeryun Law Firm at any time.

인천형사변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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