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(영문) 광주지방법원 2018.10.25 2017노3997

업무상과실치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In this case, the Defendant, misunderstanding of facts, found the victim to have been given an infection as a result of the victim’s examination of the first-wave image at the time of the procedure, and thus, did not kid the Defendant’s growth. Moreover, the victim was likely to have suffered from the side effects of drugs that had been taken for high blood pressure and urology treatment before the instant case.

Therefore, although the facts charged in this case are not proven, the defendant is not guilty, it is erroneous in the judgment of the court below that found the defendant guilty of the facts charged, which affected the conclusion of the judgment.

B. The sentence of the lower court (an amount of KRW 5,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts are acknowledged.

① The victim had been under the instant injection procedure, and had a fluorous fluorous fluorous fluoral fluor, so that he had a serious fluoral fluorcium.

Following the inspection conducted by the emergency department of the new wall hospital, it was confirmed that there was a difference between the left-hand side and the hospital was hospitalized for a considerable period of time.

(2) A kidne species are generally generated by a strong external shock, such as a traffic accident or fall, etc., and may also occur in the event of a kidney directly engaged in the kidney growth due to a mistake in the purpose of an organizational inspection or in the process.

③ There was no strong shock between the victims before and after the instant procedure.

On the other hand, the defendant's capital increase used for the instant procedure is about 6 cm length, and in the case of debris, it can sufficiently contact the victim's expansion. In fact, the part of the instant procedure was close to the extension of the victim's capital where the blood species occurred.

(4) A victim has recovered from urology and high blood pressure for a long time, but a disease related to kidne before the instant case.