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(영문) 서울중앙지방법원 2017.07.06 2016고단1689

업무상과실치사등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around December 2013, the Defendant served as a specialist in sex outdoor department C in Gangnam-gu Seoul as a salary doctor in the hospital around 2013.

1. Around December 17:00 on December 9, 2013, the Defendant of occupational injury and death, etc., carried out a sex surgery at the above C sexual surgery and the third floor operation room of the hospital, and at the victim D (the age of 18) to increase a pairn surgery and a mustache.

In the case of performing an operation through anesthesia, a doctor in charge of the operation has a duty of care to maintain the victim's oxygen dose by taking appropriate ventilation measures such as securing 10% oxygen, 10% oxygen, and 95% or more of the victim's oxygen dose, if the victim's oxygen is not supplied for more than 5 minutes. Therefore, the victim is able to suffer irreparable damage. Thus, the victim has a duty of care to pay attention to maintaining the victim's oxygen dose by taking proper ventilation measures such as the victim's oxygen dose, 10% oxygen, and 95% or more when the oxygen dose falls below 90%.

At the time of the operation of the hospital C, the first day of the opening of the new building had not been affected by a string to measure the time in the operation room. At the time of the operation of the hospital, two surgery bed (Bed) was performed by the defendant against the victim, but in other bed, there was considerable noise by the above hospital Hex E in the operation of the surgery, such as eating local transplantation of chest, while performing the operation against the patient of this Chinese government, while taking part in the operation of the surgery, such as eating local transplantation, etc., while taking part in the operation, which led to the occurrence of considerable level of noise. In such a case, the defendant was obliged to pay more attention to the defendant in order not to see the number of devices measuring the oxygen map or to put the warning generated from such equipment.

B. A. H.P. P. L. L. L.P. L.P.