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(영문) 창원지방법원 통영지원 2015.09.04 2015고정372
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who serves as a physical therapy worker.

On September 27, 2014, the Defendant has a duty of care to maintain a certain distance [18 U.S. 45.7 cm)-24 cm (60.9 m.) from the danger of images, while treating the fluor of the victim E’s right part of the part of the victim E in Tong-si, Tong Young-si, the Defendant maintained a certain distance (18 U.S. 45.7 m. to 24 m. (60.9 m.) from the perspective of the patient’s condition while treating the fluor of the victim E.m.

Nevertheless, the Defendant neglected the above duty of care and thereby sustained 2 degrees and 3 degrees of images on the shoulder excluding fingers and grandchildren by negligence.

Summary of Evidence

1. Legal statement of witness E;

1. Partial entry of the police interrogation protocol of the accused;

1. Statement of each police statement of E and D;

1. Each report on investigation;

1. Each medical certificate, surgery confirmation certificate, integrated records of medical records, request for cooperation in the investigation of the Si/Gun/Gu police station [E's statement is consistent with investigative agencies and courts, credibility is recognized in light of the background and content of the statement, as recognized by the defendant himself, the defendant received video treatment from the doctor D of the hospital where the defendant had been working in the process of physical treatment, such as the victim's statement, as stated in the facts of the crime, and the defendant, as a physical clinic, has a duty to continuously confirm the condition of the patient, but it appears that the defendant did not take necessary measures such as checking the condition of the victim, even though he/she has a duty to continuously check the condition of the patient (the physical form of each patient is different, and the risk of images increases due to its physical nature). It is difficult for the defendant to continue to confirm the victim as other patients at the time.

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