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(영문) 서울동부지방법원 2019.10.31 2019노843

업무상과실치상등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Grounds for appeal;

A. The part against Defendant A and each of the Defendants referred to as “Defendant” is referred to as “Defendant.”

1) There is no fact that the Defendant was unaware of, and ordered to, B’s unauthorized medical practice (unlicensed medical practice). 2) The lower court’s punishment on the Defendant of unreasonable sentencing (fine 20 million won) is too unreasonable.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles on the date and time stated in the facts charged by the Defendant’s removal of the victim’s invasion is an act assisting another medical personnel’s act in an emergency, and is not contrary to social norms. (2) The lower court’s punishment on the Defendant of unreasonable sentencing (hereinafter KRW 3 million) is too unreasonable.

C. The above sentence of the lower court against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. The Defendant asserted the same purport as the grounds for appeal in this part, even in the lower court’s determination of the mistake of facts by Defendant A.

In light of the following circumstances acknowledged in light of the evidence duly adopted and examined by the court below, i.e., (i) immediately after the Defendant performed the surgery on the part of the victim’s body, the Defendant: (a) immediately after having performed the surgery on the part of the victim; (b) immediately after having performed the surgery on the part of the victim; and (c) the Defendant was aware that the above treatment place and B were located in the same space and the distance was not far away; (c) the Defendant assisted the Defendant at the time of the surgery, and continuously removed the secondary navigation device; and (d) the Defendant did not take other measures than immediately cutting down the trees from the victim’s body; and (b) the Defendant did not know that the above treatment place and B performed the surgery on the part of the victim’s body.