beta
(영문) 인천지방법원 2013.07.23 2011고단7165

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 16:00 on August 19, 2009, the Defendant, as a medical doctor and professional doctor, had the victim E (the 22 years of age, women) perform a surgery raising a person to undergo a mustache in the D Hospital that he/she provides medical treatment of the 1, 203 Dong, Seo-gu Incheon, Seo-gu, Incheon.

In such cases, the doctor has a duty to pay attention to the duties so that the patient's bodily strength and the volume of medicine in excess of the amount of penine or the blood transfusion of the part of the injection is not damaged.

Nevertheless, the defendant neglected such duty of care and caused damage to the victim's crocco, and caused damage to the blood involved in the crocf's infiltration into the crocf's crocf, thereby causing the blood disorder caused by which the crocf caused the crocf to death of the crocf.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police statement of E;

1. Application of Acts and subordinate statutes to the complaint and relevant data;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant committed a crime late and misleads the defendant; (b) the victim filed a civil lawsuit claiming damages against the defendant; and (c) the victim has decided to recommend reconciliation; (c) the defendant paid KRW 18 million to the victim; (d) the defendant additionally deposited KRW 2 million for the victim; and (e) the defendant additionally deposited KRW 2 million for the victim; and (e) other reasons for sentencing, such as the defendant’s age, character and conduct, and environment, are considered.