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(영문) 대구지방법원 2013.08.14 2013고정534

업무상과실치상

Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

Defendant

B is a herb doctor of the E Hospital located in the Daegu Suwon-gu D, and the defendant A is a nurse of the above hospital.

Defendant

B around 11:00 on February 9, 2012, at the highest treatment room of the above hospital, directed the defendant A to provide the best treatment on the part of the victim F (the 27 years old) who is the patient.

However, the Defendants, who are in charge of the treatment of the patients, have broad parts of the patient’s blurgy so that the patient can flurgy to designate a place with severe pain, and in such a case, there is a risk of image by contact with the blurg treatment equipment, and there was a duty of care to prevent the patient from putting the blurg treatment equipment on a distance from the patient’s learning, etc.

Nevertheless, the Defendants neglected to do so and tried to designate the treatment room by negligence with the above F’s arms and hand, etc., which was trying to dump the guest treatment equipment up to a dump, which the above F, with the care of the dump, thereby causing the victim to suffer injury, such as a contact picture with the above F’s arms and hand, which requires approximately four weeks of treatment.

In the end, the Defendants jointly inflicted injury on the victim by occupational negligence.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness F;

1. Some police interrogation protocol against the Defendants

1. The statement of each police officer made to F and G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to certificates of medical records;

1. Article 268 of the Criminal Act and Articles 268 and 30 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;