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(영문) 광주지방법원 2020.11.11 2018노1766
업무상과실치사
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, based on his medical knowledge and experience, properly carried out mincing beer, beer, beer, central beer, cather (hereinafter “instant procedure”), was merely an incidental side effect, and thus, the Defendant cannot be deemed as occupationally engaged in the Defendant’s business.

Nevertheless, the court below erred by misapprehending the legal principles and misconception of facts, since the court below judged that the defendant was occupationally recognized.

B. The victim’s death is not the instant procedure, but the victim’s death was caused by the Kacter removal surgery conducted by the professor K of the film department (hereinafter “the instant Kacter removal surgery”). As such, there is no proximate causal relation between the Defendant’s instant procedure and the victim’s death.

2. An ex officio determination prosecutor: (a) the Defendant’s occupational negligence in the process of the instant procedure and K’s occupational negligence in the process of the instant procedure led to the death of the victim; (b) the following part of the facts charged constituting “In recognition of the erroneously inserted facts on the beer, not the beer, even though he did not notify the relevant medical specialists, etc. of his guidance professors, the heart, the heart, and the chest extra,” under the following part of the facts charged: (c) the Defendant’s occupational negligence in the process of the instant procedure and K’s occupational negligence in the process of the instant procedure, which led to the death of the victim; and (d) the judgment of the court below is no longer maintained as the subject of the judgment was changed by permitting it.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles as to the changed facts charged is still subject to the judgment of the court.

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