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(영문) 인천지방법원 2016.02.12 2015노3094
업무상과실치사
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal doctrine, the Defendant did not neglect to observe the progress of the Victim F, the patient, after an internal and external inspection of the instant water surface, and thus, there was no negligence regarding F’s death. Even if such negligence was recognized, there was no causal relation between the Defendant’s negligence and F’s death.

2) The sentence of the lower court (an amount of KRW 10 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The judgment of the court below

A. The lower court found the following facts according to the evidence duly adopted and examined by the lower court.

1) On April 11, 2012, the victim visited the above comprehensive examination center to undergo the above regular examination, and the Defendant, through a medical examination and prior examination, decided to conduct the above regular examination on the surface of the water, as it does not seem to have a big problem with high blood pressure, urine, and cerebrovascular relationship.

2) In order to induce the victim’s surface, the Defendant administered Ne 130 gpool to the victim, but the victim added an additional 50 mg to the victim who did not locked (total 180 mg). Since then, the victim entered the surface of the water, attached the measuring device of oxygen spoison to the finger, and added the internal diameter on the upper part, thereby starting the internal border test from 10:38:56 A.M. to 10:38 56 to 10:50 m.

3) During the examination, the Defendant: (a) performed an ordinary test until around 10:42:58 on the following grounds: (b) during the examination, the Defendant: (c) performed an influence pulmonary rea, such as the victim’s concealment, and (d) performed an influence pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary e

4) The Defendant shall deduct the internal police officers following the completion of the inspection.

After confirming the high-test photographs, the above photographs shall be stored in nursing assistant G and administered in a mountain.

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