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(영문) 서울남부지방법원 2017.05.25 2016고정328
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a doctor who is operating a “A childbirth” on the fourth floor of the Gangseo-gu Seoul Metropolitan Government building B.

On April 2, 2015, the Defendant, at around 17:40, performed an operation in an operation room in the U.S. A, using an electric medium electric medium machine (the name of the device: HIGH REFRE QUNCY SUTRAL UN JS550) to remove a difficult diameter arising from the external part of the victim C (the age of 27).

The above procedure is to put the patient into the operation team, put the patient at the stand, and put the iron plate into the electricity of the electric spher, put the patient into the bottom, and conduct the procedure after anesthesia the surface of the water. Since the patient suffers from images that flown into the body as the steel plate and body are separated when he/she is in the operation while he/she is in the operation, if there is a movement of the patient, then the doctor who conducts the procedure is able to closely examine whether or not there is a movement of the patient, he/she shall administer the substance anesthesia and prevent the nurse from leaving the body. Nevertheless, the patient has a duty of care to immediately stop the operation when he/she continues to drive the body, seek other methods, or prevent the occurrence of images by means of spreading the patient into the hospital capable of general anesthesia.

Nevertheless, the Defendant neglected to do so and sustained the Defendant’s negligence of continuing to perform the difficult diameter removal surgery using an electric small machine even though the injured person flicked his body due to the use of the electric small machine, thereby resulting in the Defendant’s loss of images of the parts with which the victim’s number of days of treatment cannot be identified and three degrees of images of the part of the instant sound.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of the witness C;

1. Statements made by witnesses D in the second public trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. Medical records, copies of medical records, copies of medical records, and certificates of medical records;

1. Investigation report (top phone examination for witnesses) (the defendant and his defense counsel shall exercise the duty of care required to perform their duties of care at the time of performing the instant surgery.

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