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(영문) 서울동부지방법원 2014.03.19 2013고단2749
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant served as a doctor outside the prison of the D Hospital in Jincheon-gun C.

From around 13:46 to 15:50 on November 29, 2011, the Defendant performed a removal operation at the operation room of the above hospital (referring to the inner structure, i.e., e., e., g., e., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.,

Given that the brue of fingers, fingers, fingers, and fingers were fluored to take charge of the sense and physical functions of fingers, as one of the mathal organs of the flachis, a doctor in charge of the operation had a duty of care to brue the flachis from the flachis in mind, with due care not to damage the flachis, to observe the surgery parts closely and not to damage the flachis.

Nevertheless, the Defendant neglected this and caused injury to the complainants due to occupational negligence, such as an excellent functional disorder in which the number of days of treatment cannot be known, which caused injury to the complainants due to the injury of his or her mental disorder by an operating institution during the surgery.

2. Determination

A. In order to recognize a doctor's negligence in a medical accident, it should be examined whether the doctor could have predicted the occurrence of the result, and whether the occurrence of the result could not be avoided even if the occurrence could have been avoided. In determining this, the degree of common attention, which is engaged in the same work, should be based on the standard, and the degree of medical science at the time of the accident, the medical environment, and the special characteristics of medical practice, etc. should be considered.

(1) In order to recognize a doctor’s negligence in a criminal trial, the principle of “the interest of the defendant in a criminal trial” is to be “the interest of the defendant in a criminal trial,” based on the discovery of substantial truth and strict principle of no punishment without law.

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