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(영문) 서울중앙지방법원 2014.07.25 2013노3006

업무상과실치사

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the misunderstanding of legal principle) was conducted without fault in line with the situation of the victim at the time of appeal.

There is no causal relationship between the defendant's practice and the death of the victim.

The defendant did not have the possibility of predictability and avoidance of the victim's death.

2. The judgment of this Court

A. According to the evidence duly admitted and examined by the lower court, the following facts are recognized.

1) The Defendant, as a medical specialist in the film department, inserted from around 17:03 on January 20, 201 to 18:08, a 47th E Hospital operating room in the evidence record into the knife knife knife knife knife and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

2) The Defendant had a duty of care to put the electric gap into flacker with a sufficient distance from the above bloodline in inserting flacker, while the Defendant had a flacker with a strong distance from the victim’s 7th forward to the flacker, with the wind to put the flacker into the flacker, and had a flacker with the victim’s 7th forward to the flacker with the wind to put the flacker into the flacker, such as the case of common flacker of the victim (the fact inquiry report of February 1, 2013 by the National Investigative Research Institute), and the victim died at around 256th of the trial record (the fact inquiry report of February 1, 2013). < Amended by Presidential Decree No. 23738, Oct. 16, 2011>

3 Even if the crypoid during the procedure of high-frequency, the cryposis was temporarily conducted by pressure and heat due to the voltage, and there may be delayed cryposiss, and due to the 190 pages of evidence records, against the victim immediately after the high-frequency procedure in this case.