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(영문) 대전지방법원 2017.12.19 2016고단4236
업무상과실치상
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a death with an external department.

On September 23, 2015, the Defendant: (a) at the outside hospital and outpatient clinic located in Daejeon Sung-gu, Daejeon, the Defendant: (b) 13:40 on September 23, 2015; (c) on September 19, 2015, the Defendant saved gas, etc. by hand, and (d) on September 19, 2015, sent the victim F (F)’s image on the part of the knife and the knife page of the knife knife knife knife kn

In such a case, the defendant has been given due care to properly regulate the strength of the pressure roof so as not to cause any additional damage on the video side, and the patient has been given a duty of care to explain to him/her immediately and to have he/she should have been given more frequent observation of the progress of the patient in cases where the patient complains of a serious pain, sense, etc. on the return.

Nevertheless, the Defendant neglected this and caused the Defendant’s negligence in the course of business, which led the pressure roof to prevent excessive pressure on the victim’s image side, and caused the victim to suffer from her hummatic damage (or hump) that requires approximately three weeks of medical treatment without any particular explanation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. An appraisal statement or a petition (a document attached to an appraisal statement of the financial resources among Korean medical dispute mediation);

1. A photograph of damaged part of the victimF (attached document 1);

1. A copy of each medical record, each opinion-based statement of opinion, medical opinion - H hospital (Attached 11), a copy of a self-verification of suspect's negligence (Attached 3) (the document attached thereto) (the overall circumstances shown in the record, such as the relation between the parts damaged by organization and the parts above the video side, the time when organization was damaged, the frequency of damage to organization, the frequency of return at the time of confirmation, and the interval of return according to the co-examination notice, and the expert opinion of the Korea Medical Dispute Mediation and Arbitration Agency may sufficiently recognize the relationship between the defendant's breach of duty of care and the result

Application of Statutes

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. Penalty fine of KRW 3,000,000 to be suspended;

1. Attraction of a workhouse;

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