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(영문) 인천지방법원 2017.05.19 2017고정453
업무상과실치상
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a physical therapy worker B, and the victim C(59) is a person who received physical therapy from the interest rate B in the environmental U.S. Won.

On September 4, 2015, at around 17:00, the Defendant provided physical treatment, such as saving the victim's right side into the victim's four fingers, in the B-type and the physical treatment room located in Gyeyang-gu Incheon Metropolitan City D.

In such cases, the defendant who is engaged in the physical therapy has a duty to take care of the victim's state and to take care of physical therapy.

Nevertheless, the defendant neglected this and caused the victim to close down the bones of the 4th finger in the treatment days in the process of making it into the right side of the victim by giving force to the victim's second finger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (Supplementary Statement for Complaints);

1. Records of outpatient treatment, medical feet (B), and place of physical therapy;

1. Application of Acts and subordinate statutes to the Alley X-ray photographs;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (the defendant is the first offender, and this case was generated in the course of physical therapy for the victim, and there is room for consideration in the course of committing the crime.

In addition, the defendant's mistake is divided and reflected, and the victim does not want the punishment by mutual consent with the victim in the process of trial.

In addition, comprehensively considering all the sentencing conditions, such as the defendant's age, environment, and sexual conduct, etc.

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