업무상과실치사등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
The defendant was obliged to maintain the level of 95% or more on the basis of misunderstanding of the substance of the grounds for appeal, misunderstanding of the legal principles, and the actual death part of the defendant, the duty of care to properly cope with noise at a reasonable level, the duty to verify whether the oxygen tank is properly equipped, and the operating method of the device that supplies oxygen was known.
(2) The duty of care to be exercised is not recognized.
In addition, it is not found that the defendant did not discover the severe suspension of the victim, but that the brain damage of the victim was caused by the severe suspension.
It is difficult to see it.
Therefore, there is occupational negligence on the defendant.
subsection (b) of this section.
On the other hand, even if low carbon and low carbon brain damage had already occurred, the possibility of recovery can not be ruled out by taking measures to transfer the victim to a specialized medical institution.
The defendant's violation of the Medical Service Act acknowledged the fact that the medical records of this case were falsely stated in the medical records of this case according to K's instructions, but it did not falsely prepare the numerical value of the child delivery in child delivery.
The punishment sentenced by the court below (one year of imprisonment, two years of suspended sentence) is too unreasonable.
In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the determination of the misunderstanding of facts or misapprehension of legal principles, it is recognized that the Defendant was negligent in conducting duties not timely taking emergency measures because the Defendant was unable to become aware of the victim’s low-carbon status.
It is likely that the warning has not been given even though the measuring instrument has broken out due to the malfunction or has broken down to less than 90% of the oxygen.
On the other hand, even though the U.S. measuring instrument is alerted due to the lack of distribution, it is possible for the defendant to not hear the noise from the side despite the warning.
Even if the defendant's assertion, it is easy to capture the child.