beta
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
In order to recognize a medical doctor's negligence in a medical accident, it is necessary to recognize that the occurrence of the outcome could have been predicted or avoided, and that it has not been achieved. Determination of the existence of such negligence shall be based on the standard for the degree of general attention of ordinary persons engaged in the same duties and duties. In this case, the level of general medical science at the time of the accident, medical environment and conditions, special characteristics of medical practice, etc. (see, e.g., Supreme Court Decision 2008Do3090, Aug. 21, 2008). Meanwhile, criminal facts should be proved to the extent that there is no reasonable doubt, but the determination of the selection and probative value of evidence conducted on the premise of fact-finding belongs to the discretion of the fact-finding court unless it goes beyond the limit of free conviction.
The judgment below
Examining the reasoning in light of the aforementioned legal doctrine and the evidence duly adopted by the first instance court, the lower court determined that the Defendant was negligent in performing duties, such as the instant facts charged, and thereby, the relationship with the victim was also recognized. Accordingly, the lower court’s measure of maintaining the first instance judgment convicting the Defendant of the instant facts charged is justified. In so doing, it did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the violation of the duty of care in, and the relation with, the crime of occupational negligence.
In addition, the lower judgment erred by omitting judgment, as alleged in the grounds of appeal.
Even if this does not affect the conclusion of the judgment, the grounds of appeal against this part are not accepted.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.