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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (based on factual errors or misapprehension of the legal principles) ① there is no possibility for the victim to have predicted changes in the scopic nature of the side signboards, and there is no negligence in the medical procedure of the defendant, and it is unclear about the result of the injury such as the scopic scopic scopic scopic scop
② The Defendant fulfilled his duty to explain. Even if the Defendant neglected his duty to explain, there is no causal relationship between the breach of duty to explain and the result of injury, and the illegality of the victim’s consent should be avoided.
2. Determination
A. (1) In order to recognize a doctor’s negligence in a medical accident in determining the assertion, it is necessary to examine the degree of common attention of an ordinary person performing the same duties and duties when determining the existence of negligence. The general level of medical science at the time of the accident, medical environment and conditions, characteristics of medical practice, etc. should be considered in light of the general level of medical science at the time of the accident, and such legal principle also applies to herb doctors.
(See Supreme Court Decision 2010Do10104 Decided April 14, 201, etc.). In full view of the evidence duly adopted and examined by the lower court in light of the foregoing legal doctrine and health stand back to the instant case, the evidence, in particular, the witness E’s testimony at the lower court, and the statement of the Korea Medical Association on the request for appraisal (record 194 pages), and the following circumstances recognized as follows, the summary for the 50-year female patients.
An oriental medical doctor subject to the Act shall be presumed to be by ordinary physical records.
In light of the characteristics of the law, it predicts the decline change, etc. of conical signboards in light of the patient's body, age, and gender, and makes a thorough examination of changes in the symptoms of the patient, raising the strength from the very weak stage of the patient.