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(영문) 인천지방법원 2017.03.30 2016고합701
유기치사
Text

Defendant

A shall be punished by imprisonment for two years.

However, with respect to Defendant A, the above sentence shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Relationship between the victim and the Defendants] Defendant A is the spouse of the victim G (the age of 73 at the time of death), and Defendant B was a doctor in exclusive charge of the H hospital emergency room, and was in charge of the victim’s medical treatment.

[Criminal facts]

1. On January 17, 2014, at around 19:30, the Defendant discovered that the victim was frightening to the front floor of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon and 301, and that the victim was frightening to the front floor of the front floor. On the same day, around 20:50, around 119 on the same day, the Defendant was frightening the victim to the H hospital emergency room located in the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. At around 21:10 on the same day.

At the time of the victim's arrival in the emergency room, the victim was in a decent state of agrochemicals (deel selin) and the decent quantity was approximately 2.5-3.5g prosecutor of approximately 2.5-5.0g prosecutor of approximately 2.5-5.0g prosecutor, however, according to evidence, the volume of a pesticide used by the victim as a trademark "deel" is about 500ml out of 50ml, which is 1% (5%) of the volume of a pesticide used by the victim, so it is reasonable to see that the victim's maximum volume of a pesticide used for drinking and drinking the above pesticide is 150mll in the deleln.

In addition, it was necessary to take emergency measures for the discharge and removal of agrochemicals.

The Defendant, the spouse of the victim, was aware of the fact that the victim was aware that the victim’s life was in danger by drinking agrochemicals, and that “the victim may die without being treated” from the emergency doctor B, the medical doctor of the emergency room, and therefore, there was a legal duty to protect the victim, who was in the above serious state, in order to receive appropriate emergency measures, such as washing.

Nevertheless, the defendant's refusal to take all emergency measures against the victim, such as washing, on the ground that it is difficult to bear the emergency medical expenses for the victim and the additional medical expenses that may be incurred thereafter, to B who is an emergency room.

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