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(영문) 서울북부지방법원 2016.12.01 2016고단3388

업무상과실치상

Text

The imprisonment without prison labor for the accused shall be determined by eight months.

Reasons

Punishment of the crime

Around January 2010, the Defendant, not a medical personnel, conducted a face tampe procedure in “D” operated by the victim C (V, 45 years old) in Dongdaemun-gu Seoul, Dongdaemun-gu.

The Stockholm surgery constitutes a medical practice and thus has a duty of care to conduct the surgery in such a way as to minimize side effects by using appropriate drugs after disinfection conducted by a person who is qualified to conduct the medical practice before the surgery.

The Defendant, without being entitled to perform medical practice, performed a procedure in a state where it did not take appropriate measures to prevent side effects before and after the procedure. From around that time to September, 2014, the Defendant suffered injury, such as coina, fys, fys, and fys, on eight occasions as indicated in the attached Table of Crimes, in which the number of days of treatment cannot be known to the victim due to negligence on the part of the inner part, such as crys, fys, and fys.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the chief offender and C’s statement; and

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. The reason for sentencing under Article 268 (Selection of Depository Punishment) of the Criminal Code for the crime in question is against the defendant's time of committing the crime, but the damage has not been recovered, and the procedure has been repeatedly conducted without qualification and without being qualified to do so.

In addition, the defendant did not make any effort to recover damage.

The sentence against the defendant shall be determined for more than one reason.

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