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(영문) 부산지방법원 2018.05.08 2017고정1442
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a nurse working for the D Hospital located in Busan Jin-gu C.

A nurse has a duty of care to carefully administer drugs suitable for a patient according to the doctor's prescription.

On January 16, 2017, the Defendant neglected to perform the above duty of care in the hospital hospital 1012, D Hospital 09:40 on January 16, 2017, and took antibiotics prescribed in the hospital hospital 1012 (3) to patients other than the victim E through the reduction of the amount connected to the victim’s hand, thereby causing the victim to suffer from injury, such as respiratory difficulty, heat, dust, and parassis.

2. The judgment of the defendant is acknowledged to have mistakenly injected an antibiotic product prescribed for another patient to the victim. However, it is difficult to believe that the victim's statements in investigation agencies and in this court were made in light of the F's statement, progress records, and copy of the medical records, and there is no other evidence to prove that the remaining evidence submitted by the prosecutor alone is insufficient to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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