beta
(영문) 서울고등법원 2018.07.18 2017노2565

업무상과실치사

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant B (unfair sentencing) (the sentence of two years of suspended execution in August, and the community service order of 80 hours) is too unreasonable.

B. A prosecutor (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) 1) misunderstanding of facts and misunderstanding of legal principles, Defendant A’s occupational and de facto death, and the victim’s decentralization of dynamic blood acid was verified at Hg on July 30, 2014 by 70.6m Hg on July 30, 2014, and the Defendant continued to inject the victim’s artificial injecting the oxygen, the Defendant’s 20:05 mpheric decentralization by around 20:05 on the same day.

Despite the fact that there has been no proper supply of oxygen within the blood of the victim, it is recognized that the defendant who did not take any particular measure while infusing only oxygen is infinitely recognized.

Nevertheless, the court below erred by misunderstanding the facts and misunderstanding the legal principles that found the defendant not guilty of the facts charged.

B) The Defendant’s injury resulting from Defendant B’s injury inflicted an injury on the victim, such as the livering sacrife, and caused the death of the victim. Even if the non-sacratic waste of the merger witness became the joint cause of the death of the victim, insofar as the Defendant’s assault provided the cause of the death of the victim, there exists a causal relationship between the Defendant’s assault and the death of the victim.

Nevertheless, the court below erred by misunderstanding the facts and misunderstanding the legal principles that found the Defendant not guilty of this part of the charges.

2) The lower court’s sentence against Defendant B, which was unfair in sentencing (as to Defendant B), is too unhued and unreasonable.

2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. Defendant A’s occupational affairs and dental history 1) The summary of the official death room is to take charge of the victim H who suffered injuries, such as the number of days of treatment, in the emergency room of the above hospital around July 15, 2014.