업무상과실치상
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
1. Summary of grounds for appeal;
A. It is difficult to find out the causal relationship between a mistake of facts or misapprehension of legal principles as to whether the injured party's injured party's injured party's injured party's injured party's injured party's injured party's injured party's injured party's injured party's injured party's injured party's injured party. Even
In addition, since the defendant received an urgent call and transferred the victim to the nurseF, there is no duty of care to look at the victim.
Nevertheless, the lower court, which found the facts charged in the instant case and convicted the Defendant, erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the judgment.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. On March 10, 2014, the Defendant, who was working as nurse in the Dvalescent Hospital located in North Korea-gu C at the port of port, was willing to use the instant case from the victim E (78 years of age and women) who is the patient in the above Convalescent Hospital at around 14:00 on March 10, 2014 and was asked to sit on the part of the mobile change.
However, since the victim was in a state of safe transformation only with the help of other persons due to inconvenience, the defendant, who is a nurse in charge of protecting the patient, has a duty of care to transfer the victim to other nurses, etc. to prevent accidents caused by macro-driving disorder of the victim, if the victim gets to leave the scene safely or inevitably, and the victim has to leave the scene.
Nevertheless, the Defendant did not take safety measures such as handing over the victim to other nurses, etc. solely on the ground that the nurse was sent out in the next sick room, and did not sit the victim and caused the victim by negligence in the course of business.