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(영문) 수원지방법원 2019.06.14 2019노1314
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The lower court sentenced the Defendant to a fine of KRW 2 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

Although the facts that the defendant reflects his mistake and did not have any other criminal records, there are no circumstances such as the fact that the victim caused the reaction of algorier by taking an advanced control of dichlorospathic ingredients in the early stage of hospitalization, despite the medical records, the defendant, the nurse, without recognizing it, seems to have suffered considerable pain by re-influence of the same ingredients, and such violation of the defendant's duty of care is not easy, and the sentencing of the court below is judged to have exceeded the reasonable limit of discretion, or it is unreasonable to maintain the sentencing of the court below, in full view of the fact that such violation of the defendant's duty of care was not easy, and that the defendant's breach of duty of care was not unreasonable.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable, considering the circumstances after the crime of this case.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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