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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2018.01.31 2017노564
업무상과실치사
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the victim’s situation at the time when the Defendant was on duty in an emergency room, Defendant 1 had difficulty in predicting the possibility of cerebrovascular, as well as in making it impossible to take measures such as CT photographing, etc., and there was an occupational room.

The relationship between the negligence of the defendant and the death of the victim is not recognized.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

2) Improper sentencing

B. Prosecution’s improper sentencing

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal principles, the following facts can be acknowledged in full view of the evidence duly adopted and examined by the court below, such as the defendant's partial statement in the court below, witness G, F, and H's statutory statement in each court below, examination and treatment protocol, examination records, nursing records, emergency medical service activity log, and autopsy examination report, and the witness U and V's respective legal statements.

A) The Defendant, as a doctor on duty at C Hospital emergency department, worked in the said emergency room from May 5, 2014 to 08:00 the following day.

B) On May 6, 2014, around 01:36, the victim (the network D) appears to be a clerical error in the epistaxis (Co)’s epistxis in the place of “Drunken and epistaxis nursing records.”

“The symptoms led to the 119 first-aid vehicle to the C Hospital emergency room.”

다) 피해자에 대한 간호기록 지에는 ’01 :36 Drunken 상태로 협조되지 않고 현재 코피 멈춘 상태 임, 협조되지 않아 vital 재지 못함, 병원진료 안 보겠다 말함‘, ’02 :00 화장실에서 계속 자는 모습 보이며 볼일보고 있음‘, ’02 :47 소변기에 대변보고 바닥에 토함, 같이 왔던 보호자 가버린 상태 임‘, ’03 :18 화 장실 바닥에서 뒹굴며 얼굴 오른쪽 눈에 멍들어 있는 상태이며 swelling 염증이나 종양으로 곪거나 부어오른 것을 말한다.

Mod'.

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