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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the event of an erroneous determination of facts and misapprehension of legal principles on the part of the victim, reporting the fact to the defendant, who is a doctor in charge, is a natural obligation of the nurse working in the middle patient room, even if the defendant did not specifically instruct the nurse working in the middle patient room B or other middle patient room, it cannot be viewed as the defendant's negligence in the course of business. Since there is no contact between the defendant and the B about the negligence in the course of business, it cannot be a joint principal offender of the criminal negligence. 2) In light of the overall circumstances of the instant case of unfair sentencing, in light of the overall circumstances of the unfair sentencing, the sentence of the court below (
B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.
2. Determination
A. The court below rejected the above argument by misunderstanding of facts and misunderstanding of legal principles on the same argument as the grounds for appeal in this part, based on the circumstances indicated in its reasoning. In addition to the following circumstances revealed by the evidence duly adopted and investigated by the court below, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant. Thus, the defendant's assertion is without merit.
① At the time of the instant case, the Defendant was not working in the hospital. However, the Defendant took charge of the risk of the life of the victim as a doctor in charge of the victim by receiving contact with nurses from outside the hospital, receiving reports on the status of the victim, and giving instructions for future treatment, etc., and at the time, the victim may have the possibility of re-cerebrting at any time.