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(영문) 청주지방법원 2014.06.26 2014고정63
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 19, 2013, the Defendant, as the president of the D Hospital located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-si, was the head of the D Hospital. On October 11, 2013, the Defendant opened part of the D Hospital’s practice course at the above D Emergency Hospital’s (six years of age)’s left part of the Victim E (six years of age). The Defendant has a duty of care to add up protective equipment to the Plaintiff’s body or adjust the depth of the Plaintiff’s body in advance, so that the above saws day does not contact the Defendant’s body. The Defendant was negligent in the course of the Defendant’s occupational negligence, even though the Defendant complained of the suffering, caused the victim’s left part of the Defendant’s body part of the treatment days by cutting it on the saw on the above saw day.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. The application of statutes of the written reply for medical advice, such as victim photographs, medical record files, etc.;

1. Relevant Article 268 of the Criminal Act and Article 268 of the Criminal Act in which relevant Articles and punishment are selected;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. When a physician of the grounds for conviction under Article 334(1) of the Criminal Procedure Act provides medical treatment such as diagnosis and treatment, the duty of care to take the best measures required to prevent danger depending on the patient’s specific symptoms or circumstances in light of the nature of the duty to manage human life, body, and health. Thus, the following circumstances acknowledged by the above evidence, namely, as a doctor to conduct a practice to cut down the bar for a baby, he/she must pay attention not to occur in the upper state through inserting protective materials or communication with a baby (see the evidence list No. 9). In particular, if a shot machine with a minor whose thickness is less than a short and weak, is used, he/she should pay more care in depth to regulate it, but there is lack of efforts to communicate with the defendant rapidly cut down.

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