beta
(영문) 부산지방법원 2019.08.22 2019노890

업무상과실치상

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (the factual error, the violation of law) recognizes the defendant's breach of duty to explain and breach of duty to take measures after surgery, and the causal relationship between the breach of duty to explain and the occurrence

2. The judgment of this court allowed the prosecutor's application for changes in indictment.

The judgment of the court below shall not be maintained as the subject of adjudication changes.

3. The judgment of the court below is reversed ex officio.

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment shall be reversed and rendered following pleadings:

1. On June 22, 2016, the Defendant, as a medical specialist outside the courtroom, was working as the president of the C Hospital located in the Busan-gun, Busan-gun. On the other hand, on June 22, 2016, the Defendant carried out an operation to remove emulsation on the left side of the instant victim D (the age of 70) and to perform a surgery to remove emulsation on the left side of the instant emulsium.

Since the victim was diagnosed with high blood pressure and urology before about 15 years and was diagnosed with urculosis in C Hospital around 2009 and received urculous urculium surgery at C Hospital for a long time, the victim was well aware of the victim's urculosis and other relevant diseases such as urculium disease. The victim was treated with urculium surgery at Busan Veterans Hospital on March 16, 2016 because the doctor in charge received a request for treatment such as urculium surgery at C Hospital on April 6, 2016, and the victim was well aware of the victim's urculium related urculium, but the victim had already received a request for treatment such as urculium surgery at C Hospital for urculium surgery. The victim was highly likely to receive a urculium surgery due to the above chronic urculosis and the merger of urculium disorder.