업무상과실치상
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant knew of the physical characteristics of E, and thus, was aware of the fact that it is relatively difficult to conduct an internal inspection of E, and if the patient’s internal wall is weak, a alternative method of inspection, such as the lighting on the register, can be used. In light of the fact that the Defendant could have predicted the possibility of injury to E during the internal inspection by predicting the possibility of injury to E from the internal inspection on the register, it shall be deemed that the Defendant’s negligence on duty is sufficiently recognized.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The summary of the facts charged is that the Defendant is a person who operates a hospital in the following cities: (a) is a medical specialist in internal medicine; and (b) is engaged in medical affairs, such as internal medicine examination.
On November 12, 2013, the Defendant: (a) around 10:00, in order to verify whether there is any marry, etc. in the victim E (n, 73 years of age) in the victim’s register, the Defendant laid the scop into the victim’s port after anesthesia the surface of the water and continued the scop in the register.
The victim is old, the thickness of the register is less than ordinary people, and there is no power to increase well, and the defendant has been aware of the above facts because the defendant has been conducting the internal inspection on the register two times before.
In particular, the S- upper gate in the ledger has a large and high level of cryping and upper level of cryping. In such a case, doctors engaged in internal cryp testing have a duty of care to properly regulate air pressure and scoping so as not to create a weak side of the wall of the patient ledger.
Nevertheless, the defendant neglected this and entered the scop on the part of the victim's S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S