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(영문) 부산지방법원 2015.12.17 2015고단4438
업무상과실치상
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has worked as an assistant nurse in the newborn baby room of HH in Busan-gu G.

At around 15:30 on December 3, 2014, the Defendant, at around 14:36 on the same day, had a significant white (a 20 cm, 30 cm in length) containing hot water in the victim I (0 years of age) born at the delivery room, and had a large amount of 15:36 on the same day, and had a large amount of 30 cm for newborn (a 20 cm, 20 cm in length, 30 cm in the live for newborn, and had a victim lying on that day.

Since the original white is used with hot water, there is a risk of image due to high temperature, a person engaged in medical affairs has a duty of care to safely manage a baby by putting hot water in a hot white, putting it out in a fluorial space, putting it out in a fluorial space, putting it over a wall so as not to directly contact the skin, and by keeping the water influor of a fluoral white in a fluoral space to the side of a bridge, which is not the head or body of a person, so that a newborn baby does not have a image due to a fluoral white.

Nevertheless, the Defendant did not properly check whether there is a place where water flows out of the original white, and did not see whether there is a place where water flows out of the water, and caused 2 Do image (finite 3%) to the victim on the left side of the treatment days by putting hot water from the original white paper to the head, not from the side of the victim's bridge.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, K and L;

1. Part of the police statement concerning F;

1. The application of Acts and subordinate statutes of the video cover photograph, opinion, and case report of a newborn baby;

1. Article 268 of the Criminal Act applicable to the facts constituting the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where an application for compensation by an applicant for compensation pursuant to Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders, is not clear, the scope of the relevant liability for compensation is unclear;

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