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(영문) 부산지방법원 2015.10.30 2014노4673
업무상과실치사
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (defendants) have fulfilled the duty of care to practice and demand in the field of clinical medicine during the oral and oral procedure in the registry, so it cannot be deemed that the Defendant was negligent.

Even if the defendant's negligence is recognized, the causal relationship between the defendant's negligence and the victim's death is not recognized.

Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence (two years of a suspended sentence of August 200) imposed by the court below on the defendant is too heavy or unreasonable.

2. Determination

A. On May 1, 2013, the Defendant was serving as a medical specialist in the “D” member located in Busan Shipping Daegu C, and around 09:30, the Defendant had the victim E, a patient, carry out an internal border inspection and an sprinkling operation in the office of the above member of the Council, around May 1, 2013.

At the time, the victims had higher blood pressure than ordinary people and lower physical conditions. As such, the Defendant, who was in charge of performing an internal test and an in-depth medication, had a duty of care to observe closely the side effects such as anesthesia and a certificate of cardio-cerebral intercourse, etc. that may occur during the anesthesia inducing or administering, and there was a duty of care to properly manipulate the internal police officer so that the internal police officer does not have standings on the inner wall of the victim.

Nevertheless, while the defendant is carrying out an internal alarming test and an anti-presidential substance with respect to the victim, he/she shall manipulate the internal alarming machine in the victim's register so that there is a tent of 1.5 cm wide and 1.2 cm wide and 1.2 cm high in the victim's register in the victim's register by manipulating the internal alarming machine in the process of cutting off the internal alarming machine from the victim's register, and then, the victim's awareness is omitted due to an occupational negligence that fails to observe closely the victim's active climate change or oxygen spreading level.

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