logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.07.24 2016노3187
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the victim F was a patient with no risk of abortion, and did not display a high risk Stick, and there was no indication about the abortion even in the patient history management, and no medical personnel did not inform the victim of the fact that the victim had a risk of abortion, and there was no possibility for the victim to predict the abortion.

In addition, the defendant was ordered to take a chest radiation photograph from a doctor, and he was ordered to take all necessary measures such as identifying the awareness of the victim and whether he can walk.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or thereby affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (2 million won in penalty) is too unreasonable.

2. Determination

A. 1) The summary of the facts charged in the instant case is engaged in radiation shooting as the radiation physician of the E hospital located in Goyang-gu, Goyangyang-gu D.

On June 12, 2015, the Defendant, at around 19:20, had the victim F (42 taxes) taken a radioactive photograph at the 1st floor of the above hospital.

When a radiation is taken, it is difficult for the victim to take such a photograph as the victim takes a secret room due to the occurrence of a remote accident, in particular, the victim is escorted to the above photographing room.

Since there are circumstances to see that a person engaged in radiation photographing has a duty of care to observe the patient in detail and check the risk factors of abortion and, if necessary, to prevent the occurrence of abortion in advance by putting the patient on a table, taking the patient on a bridge, accompanying the guardian, or using the support stand, etc.

Nevertheless, the defendant neglected this and did not observe the victim in detail, and did not take measures to prevent the occurrence of an abortion.

arrow