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(영문) 대전지방법원 2017.07.27 2016고정1572
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a herb doctor who operates Korea Medical Center.

On October 29, 2012, the Defendant: (a) around 16:00, around 16:00, to the victim E (the age of 29) who was fluored with a fluorial fluoral fluoral fluoral fluor in the middle-gu Daejeon, Daejeon, the Defendant implemented two fluoral fluoral fluorals on the back side of 4, left shoulder, the lower two fluoral fluoral fluor, etc.

In such cases, the defendant has a duty of care to pay attention to prevent the internal organ such as the closure of the procedure, since the part of the procedure is located near the long-term.

Nevertheless, the Defendant neglected this and neglected to conduct a bed and entered in the charge of 11m depth from the surface of the victim, such as the left side of the victim. However, according to the witness G’s legal statement, the Defendant can recognize the fact that the distance from the skin of the victim, such as the victim, to the chest is 11mm distance, so such recognition is recognized.

As a brush of waste brush located in the Gu, the victim suffered a chest on the left-hand side of the outer nature due to waste brush which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Application of each statute described in a medical certificate and opinion letter, pulmonary organ and record sheet, chest and record sheet, copy of the complainant's medical record book, medical G issuance document, medical doctor H diagnosis report, and medical doctor H's report on the results of pulmonary radiation, and application of each statute described in a reply to interpretation of the mandatory record book;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant did not have any hump the victim's hump in the process of treating the victim, and the victim's hump to the left-hand part of the victim's outer personality does not result from a mistake in the process of the defendant's procedure.

2. The evidence adopted prior to the determination is as follows.

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