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(영문) 의정부지방법원 2020.06.29 2020고단479
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant worked as the head of the anesthesia of the C Hospital located in the Gu-si B from around February 2015 to February 2019, and has been engaged in telegraphic and partial anesthesia services for patients before the surgery.

At around 12:30 on February 2, 2019, the Defendant: (a) injected drugs for general anesthesia into the victim D (ma, 53 years old), a patient, who was under the atmosphere, to perform an operation for the escape certificate of post-signing signboards; and (b) injected the drugs into the engine.

In such a case, the Defendant had a duty of care to take additional measures to secure the map, such as re-inverting, if he did not properly perform the insertion in the institution by ascertaining whether the official inside the institution was inserted safely with the flag without any damage inside the institution, and whether the continuous monitoring and distribution of the mountain stegrative is not loaded with the engine.

Nevertheless, the Defendant neglected this and added the body inside the knife so that the knife of the victim may occur, and the above correction shall be made inasmuch as the date and time of death is “2:39 on February 23, 2019, the date and time of death is “2:39 on February 23, 2019,” and the above correction is made as follows: (a) even though the internal officer was located in the knife, not in the knife, but in the knife, the body officer failed to verify it properly.”

The F Hospital located in E in the Gu-si, the Gu-si, the E-si, the E-si, had caused the death of the F Hospital due to the merger (inductation, etc.) related to the insertion in the institution.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. A report on internal investigation (referring to a report on the autopsy of a deceased person), report on internal investigation (referring to a report on medical records, nursing log, etc. of a deceased person), attached manuals for internal investigation (referring to a response to a report on the result of autopsy of a deceased person D), written request for appraisal, and written appraisal;

1. Application of Acts and subordinate statutes concerning death diagnosis, change of history, and photographs;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Grounds for sentencing under Article 62(1) of the Criminal Act

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