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(영문) 대구지방법원 2018.06.21 2018노37
업무상과실치상
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The instant medical accident was not caused by mistake or misunderstanding of the legal doctrine by occupational negligence of the Defendant.

2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. In light of the circumstances stated in its reasoning, the lower court determined that the instant medical accident was caused by Defendant’s occupational negligence, and the wife suffered by the victim was recognized as the injury of the injury caused by negligence.

The judgment below

Examining the reasoning of the lower judgment in comparison with the evidence examined, the lower court’s determination of facts is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of

B. The victim’s damage was not recovered as to the wrongful determination of the sentencing of the Defendant and the Prosecutor.

On the other hand, the instant medical accident was caused by negligence during the course of treatment, and the victim was neglected to provide medical treatment after the occurrence of the medical accident.

The defendant is the first offender.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

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