업무상과실치상
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal misleads the defendant as the victim's medical records and photographs taken by the same family name with the same victim's name and date of birth as the victim's body. However, in addition to the above radiation photographs, the defendant judged that giving up an excessive amount of care on the left side of the victim's body through the diagnosis, diagnosis, and promotion of the victim's body is favorable to the victim's oral health, and obtained the victim's consent by sufficiently explaining the above contents to the guardian, and thereby the victim's body was created, and thereby permanently flaged on the new job.
Therefore, as stated in the facts charged of this case, the act of cutting down the victim's provoking on the left-hand side is not an injury by occupational negligence.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles
A. The Defendant, at the lower court’s trial, has been dissatisfied with the purport of this part of the grounds for appeal. As to this, the lower court rejected its assertion on the following grounds, under the title “determination on the Defendant and the defense counsel’s assertion”.
According to the evidence duly adopted and examined by this Court, the Defendant is only the Dong name H (hereinafter “Dong name”) on January 19, 2013.
B while diagnosing and treating B, there are many dynamics under the dynamics, but they did not have a large amount of permanent values, so the Defendant recommended to take them after three months from the date of internal origin. The Defendant is believed to have been in the victim’s vehicle while diagnosing and treating the victim on the day of the instant case, and the victim has been in the time of giving up three months a photograph of the dynamics, and the Defendant shows the victim’s radioactive photograph to G, the mother of the victim.