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(영문) 대전지방법원 2014.07.30 2014고단1842
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 23, 2013, the Defendant, as an oriental medical doctor, had the victim F(s) undergo a surgery to increase the victim F(s) for the knife of the victim, operated by the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon.

In such cases, medical personnel have a duty to pay attention to medical personnel so that they do not excessively inputs the amount of penine or damage blood relatives on the part of injecting when they pay attention to the patient's body strength and the amount of medicine input.

Nevertheless, the Defendant, by negligence in the course of performing such duty of care, injected two womers to the victim’s nose due to negligence in the course of duty, and caused the victim to suffer injury to the victim by causing damage to the blood spams and infected spams that require approximately four weeks of treatment by spambling the spam to the blood spam.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the F statement section);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the head of a complaint, medical certificate, and damaged photograph;

1. Article 268 of the Criminal Act applicable to the crimes;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) there is no previous conviction in sentencing under Article 62(1) of the Criminal Act; and (b) there is a deposit of nine million won for the victim (round July 8, 2014); (c) the victim’s medical expenses; (d) the cost of meals during the treatment period; and (e)

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