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부산지방법원 2016.09.08 2016노1017
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of KRW 1.5 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is in line with the attitude of recognizing and opposing the defendant's wrong, and the defendant's work as a doctor in a somewhat poor working environment, and the defendant committed the crime in this case. The defendant does not want the defendant's punishment under the agreement with F, which is the victim's child, and even considering the defendant's age, character and behavior, environment, circumstances after the crime, etc., even if the defendant did not have any criminal power, the victim's injury with 14 principal caution due to the defendant's occupational negligence, the defendant's movement of elderly patient, movement of elderly patient, movement of elderly patient, and whether there is anything that may obstruct the patient's movement belongs to the basic direction of the nursing. Thus, considering the reason and result of the crime in this case, it cannot be viewed that the defendant's occupational negligence is less than 5 years imprisonment without prison labor or a fine not exceeding 20 million won, the court below's punishment is more severe than 15 million won for the crime in this case.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.