업무상과실치사
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The defendant does not pay the above fine.
1. Summary of grounds for appeal;
A. Defendant 1) In fact, it is difficult for a physician to verify the records and nursing records in an emergency room due to misunderstanding of facts and misunderstanding of legal principles, and thus, the Defendant instructed the prosecutor to conduct an in-house inspection on the strognife (hereinafter “the prosecutor of this case”) without confirming the records of emergency room for the victim E.
of this case, or there was a possibility that there was a breach of duty of care or expectation of avoidance.
shall not be required to do so.
Even if the defendant was aware of the past history of the victim by confirming the records of the emergency room, etc.
Even if the defendant ordered the inspection of this case, and the victim did not die due to an Abalsia, so eventually, there is a relation between the prosecutor of this case and the victim's death.
subsection (b) of this section.
Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles and affecting the conclusion of the judgment.
2) Improper sentencing
B. Prosecution’s improper sentencing
2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. The decision of the court below is based on the following: (a) the defendant did not confirm the past history of the victim's hyp knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife,
B. Determination 1) The lower court duly adopted and investigated the cause of the victim’s death.