2011 Highest 7901 Occupational Injury, and Teacher in Violation of Medical Service Act

A

The case shall be remanded to the court, and the case shall be brought to the court.

Law Firm B

Attorney in charge C

October 23, 2014

Defendant shall be punished by a fine of five million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

Criminal History Office

The defendant is a doctor who operated E member in Gangnam-gu Seoul Metropolitan Government D.

1. Injury by occupational negligence;

At around 11:00 on March 30, 2009, the Defendant, against the Victim F (F, 32 years of age) who was born in order to raise lower maths at the above E members, performed a mathy surgery to increase the math by inserting the type of solid container which was previously produced in accordance with the patient’s math shape into the patient’s math, and then released the victim from the victim’s math to minimize sheshesheshesheshels and prevent shelives from suffering.

When the Defendant, as a doctor who was in charge of surgery, senseed the pressure roof inserted into the general body, he had due pressure so that the blood cycle does not decline by shesheshesheshesheshesheshesheshesheshes and pressure, and when she pressured by shesheshesheshes and shestes to patients, she could have a shelle. Therefore, when there is serious pain on the part of this part, the Defendant has a duty of care to notify the Defendant that he/she should be given medical treatment by she was inside the above E member of the hospital or the nearest hospital, or to be given the pressure cycle by her own.

Nevertheless, the defendant did not regulate robbery and sensed the pressure roof of the victim's body, and then, the victim explains that the Mama's pain is frequently caused by the merger, but without explaining the above precautions, the victim was released.

The Defendant, due to such occupational negligence, caused the victim’s blood circulation of the part part of the body, thereby undermining the victim’s blood cycle, thereby causing the victim’s injury, such as pressure duplicating and breaking the other part of the body.

2. A teacher in violation of the Medical Service Act;

While the Defendant, at the above time and place, had a nurse G, who is not a anesthesia doctor, inject the anesthesia into the victim’s scambling with the victim’s scambling, the Defendant instructed the female to inject the propool into the victim’s scambling, and had the Defendant inject the propool into the victim’s scambling as instructed by the Defendant.

The Defendant instigated the violation of the Medical Service Act by having G anesthesia using a medical practitioner even though G is not a doctor.

Summary of Evidence

1. Statement of witness F in the second protocol of the trial;

1. Some of the interrogation records of the accused by the prosecution;

1. Statement of the police remaining in relation to F;

1. For comments, the time of diagnosis

1. Photographss before and after the surgery, photographs before and after the lapse of the surgery, and photographs before the last month of the surgery;

Application of Statutes

1. Relevant legal provisions and choice of suspicion of the crime;

Article 268 of the Criminal Act, Articles 87(1)2 and 27(1) of the Medical Service Act, Article 31 of the Criminal Act (the point of a teacher in violation of the Medical Service Act), the selection of fines, respectively.

2. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

Reasons for sentencing

The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant paid approximately KRW 60 million to the victim according to the judgment on the lawsuit for damages, the fact that there is no record of crime other than the sentence imposed once by a fine, the defendant's age, environment, circumstances of the crime of this case, details and circumstances after the crime, etc., shall be determined as follows.

Judges Kang Jin-Gyeong