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(영문) 전주지방법원 2016.11.03 2016노764
업무상과실치상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment without prison labor and one year of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance in light of the gravity of damage that the Defendant, a medical doctor, caused injury to the victim by occupational negligence, such as brain injury, without confirming the side effects of the drug, without confirming whether the Defendant, as a medical doctor, was a side effect on the patient, and the nature of the crime is not weak, and the Defendant did not receive a written instruction from the victim up to the trial.

On the other hand, the fact that the defendant recognized the crime and reflected the mistake, the fact that the court below paid the victim medical expenses, living expenses, etc. for the recovery of damage, and deposited additional KRW 5 million, and the first offender is favorable.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, means and consequence, and the sentencing conditions as shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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