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(영문) 대전지방법원 2017.06.14 2016고단4229
업무상과실치상
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

Punishment of the crime

1. The summary of the facts charged in the instant case is a person who served as a nurse in C hospital 9-story sick ward (mal and static surgery) and has been engaged in providing nursing services for inpatientss.

On December 6, 2015, at around 06:00, the Defendant: (a) instructed the victim E (the 74-year-old) hospitalized in the Seo-gu Daejeon Special Metropolitan City Hospital No. 901; (b) to perform tiny treatment; (c) inserted “Awawa” into the damaged party’s entry; and (d) removed the Awawawawa by inserting the Awawawawa.

The victim has old age, but dialogue or movement was entirely impossible, so in such a case, the defendant, who conducts a raid procedure, has a duty of care to pay attention to prevent injury to the victim due to the above procedure.

Nevertheless, the Defendant neglected to perform the fashion procedure, and caused the injury to the victim, which caused the number of days of treatment to be treated, by negligence that caused the loss of the victim’s dynasing “Iwa” to the extent that it is difficult for the victim to know.

2. Determination

A. The burden of proving the criminal facts prosecuted in a false criminal trial is to be borne by a public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it as the defendant's interest (see, e.g., Supreme Court Decisions 2000Do1568, Jul. 28, 200; 200Do4946, Feb. 9, 2001). (b) The facts acknowledged in the instant case [founded grounds for recognition: the defendant's legal statement, witness F, G's legal statement, the suspect interrogation, F, and I's each letter of apology against the defendant]

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