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(영문) 수원지방법원 2017.01.12 2016고정682

업무상과실치상

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On July 21, 2015, the Defendant is the nurse of a patient’s middle-patient hospital in C., and the Defendant provided nursing at the patient’s middle-patient room in C., at around 01:30 on July 21, 2015, under the direction of the Defendant, such as administering the victim E (93 tax, female) under the hospitalized treatment under the name of c.i.e., acute heart color, pelra, etc., of the patient’s disease. As such, the Defendant had a duty of care to find the bloodline within a normal exercise scope in finding the bloodline to administer injection.

Nevertheless, the Defendant, by hand, carried the victim's left-hand bridge over three times, carried the victim's body towards the victim's body, and carried the victim's movement above the normal movement scope.

As a result, the defendant suffered bodily injury between the victim and his retirement.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be judged as the benefit of the defendant (see, e.g., Supreme Court Decisions 2002Do6110, Feb. 11, 2003; 2005Do2342, Jun. 24, 2005).

However, in full view of the following circumstances admitted by the record: