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(영문) 서울동부지방법원 2016.11.25 2015고합203
업무상과실치사등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Criminal facts

To the extent that the defendant does not actually infringe the defendant's right of defense, part of the facts charged was revised according to the evidence.

As an external medical specialist, the Defendant operated the E Hospital located in Songpa-gu Seoul Metropolitan Government D (hereinafter referred to as the “E Hospital”) from December 2010, and was engaged in the duties such as medical treatment and surgery of the patients.

At around 16:45 on October 17, 2014, the Defendant, at the operating room of the third floor of the above hospital, had the victim netF (the age of 46) perform the surgery using the mouth lag.

In such cases, as a doctor gathering an operation, he/she shall conduct accurate procedures to prevent any damage to the organ of a ductal structure by accurately emphasizing and careful care when conducting the operation. If the patient's condition differs from ordinary conditions, he/she shall take appropriate emergency measures, and shall give full notice of the side effects of the operation to the victim, taking into account the fact that the organ of a ductal system may be damaged by the merger of the operation and the patient's condition may be aggravated by ductal infection, ductal transfusion, etc., and shall take all occupational measures necessary to protect the patient's life, such as protecting the patient's life by identifying the causes of pains, etc. of the victim, including measures such as ducl and dum photography (CT: Comed cT), while continuously observing the victim's condition, and shall take all occupational measures necessary to protect the patient's life by parallel treatment.

Nevertheless, the Defendant neglected this and performed a surgery against the victim, such as the above Minister milking, and caused 3 meters of 1cm above the upper 70 to 80cm lower gate of the victim’s upper gate, thereby inducing the victim to persuasion and slapitis. In addition, the chest X-ray shooting result around the 19th day of the same month after the surgery also caused the victim to have a persuasion and slapitis.

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