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(영문) 수원지방법원 2017.02.02 2016노4552
업무상과실치사
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the facts cannot be deemed as Defendant’s fault to prescribe that Defendant 1’s prescription to take the test, which is a drug of high blood pressure, to E, cannot be deemed as Defendant’s negligence, and it is difficult to recognize the causal relationship between Defendant 1’s death for recreation and E.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

(2) In light of the fact that: (a) the Defendant was supporting his family; (b) on October 14, 2015, the Defendant was sentenced to three years of imprisonment and fine of KRW 5,000,000 for a violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Entities) in Ansan-si Support on October 14, 2015; and (c) on March 28, 2016, the said judgment became final and conclusive; (b) the instant crime and the instant crime for which judgment became final and conclusive ought to be considered at the same time in the relationship of concurrent crimes after Article 37 of the Criminal Act; and (c) the lower court’s sentence that sentenced five months of imprisonment without

B. In light of the fact that the crime of this case by the prosecutor is committed by the defendant while performing medical treatment without a license and causing death, and the quality of the crime was not good, the damage compensation was not made, and the E’s bereaved family members want to punish the defendant, and the crime of violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operators) is committed with respect to the social legal interests aimed at improving national health by punishing a person without a license, and the crime of occupational and real injury should be judged separately as a crime concerning the personal legal interests that protect the life and body of an individual. In light of the fact that the court below’s punishment is too unreasonable.

2. Determination

A. On October 14, 2015, the Defendant was sentenced to three years of imprisonment and a fine of five million won on March 28, 2016, due to a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) in support of Suwon Friwon, and the judgment became final and conclusive on March 28, 2016.

The defendant is interesting.

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