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(영문) 서울남부지방법원 2021.02.10 2020고정2173
업무상과실치상
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a dentist working in B.

On June 24, 2016, at the “B” clinic located in Yangcheon-gu Seoul Metropolitan Government C and the third floor, the Defendant laid down two Daegu 2 to the right-hand side of the victim D, which was caused by the c and the crypt operation, and laid down one crypt type.

In such a case, when the body is planted, a dentist has a duty of care to transplant the body in an appropriate depth so that he/she is not aware of the appropriate nature of planting in the present situation through a pre-examination, location of the new landscape of the sub-committee in the present situation, etc., and then he/she has a duty of care to transplant the body in an adequate depth so that he/she does not interfere with the new landscape.

Nevertheless, the Defendant neglected the above duty of care, thereby defrecing the body of the fresh with deep corrosion, thereby resulting in injury to the victim, such as subpathal damage to the right side of the subpathal molecule, leading up to less than 3.3% of the loss rate of labor ability, by neglecting the above duty of care.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of a written request for medical examination and treatment of a defendant's statutory statement;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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