업무상과실치사
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. Defendant 1) There is no negligence in the course of business in the act of prescribing and leaving the victim of misunderstanding of facts so that the victim may be administered. Even if the Defendant’s occupational negligence is recognized, it cannot be deemed that the victim died due to the Defendant’s occupational negligence. Nevertheless, the lower court convicted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts, which affected the conclusion of the judgment, and the lower court’s judgment of unfair sentencing (eight months of imprisonment and one year of suspended execution) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is the intention of the Defendant, from March 2015 to March 2015, serving as the director of the C Hospital kidy division located in the Dong-gu Busan Metropolitan City, and the victim net D (age 62 at the time of death, female) was a patient who was diagnosed with chronic renal failure from May 2015, and was subject to the said C’s 3-time blood injection at the instant C Hospital.
On March 26, 2016, at the above C Hospital around 13:12, the Defendant prescribed that the victim in the above C Hospital in injection of 25mpidine, a narcotics-related control.
However, from March 25, 2016, the victim continued to take clothes from around 18:00 on the following day, and around 01:00 on the day, the head of the X-ray photographed at the emergency room of the above C Hospital, and the blood test result shows that the blade value was somewhat high. The victim was determined by the head of the Gu on the ground that the friite value was friened, and the friium was continued to take clothes even after having performed the head of the Gu on the basis that the friite was prescribed, and the blood pressure was very low (the blood pressure was 80mHg/minimum blood pressure was 50mHg) since blood pressure was conducted from around 07:20 on the same day, and the blood pressure was reduced to half the blood friened (the blood pressure was 80mH/minimum blood pressure was set at around 10:30 on the same day, water was increased, and the head of the relevant gas was suspected to remove it.