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무죄의료사고
(영문) 의정부지방법원 2011.7.6.선고 2010고단500 판결
업무상과실치사
Cases

2010 Highest 500 Occupational, etc.

Defendant

prescribed0 (800722 - 1), doctors

Housing Yeongdeungpo-gu Seoul Metropolitan Government -

Seoul Original domicile -

Prosecutor

Park Ma-Ba

Defense Counsel

Law Firm Seo-Un et al.

Attorney Go Chang-soo in charge

Imposition of Judgment

July 6, 2011

Text

The defendant shall be innocent.

The summary of this judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

The Defendant is a person who works as a public health clinic from April 23, 2008 and is in charge of night-time medical treatment at the Military Health and Medical Service Center.

On October 21, 2008, at around 07:13, the Defendant treated the victim Park 99 (year 19 years old) who complained of the prestigious pain in the night watch room at the second floor of the above medical center. In the case of a prestigious pain, the relationship with the heart cannot be ruled out, and even in the case of a cardioscopic color, the Defendant complained of the prescopic pain. In the case of a prescopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sc.

Nevertheless, the Defendant neglected this and diagnosed the victim by means of fire-fighting in an influenced form, without taking a medical examination to detect blood pressure, beer and beer, and to detect heart diseases, and after examining the victim by means of fire-fighting influencing, the Defendant: (a) at around 07:15 on the same day; (b) at around 07:0 on the same day; (c) at around 07:40 on the same day; (d) at around 40: (a) on the same day, the Defendant had the nurse of the above medical center administered the amount of 1 ampco-market, 1 ample and ample 1 ample ample ample ample ample ample ample ample ample ample plle plle plle; and (b) on the same day, at around 09:00 on the same day, caused the victim’s death due to aggravation of the blood pressure and the heart of the heart.

2. Case history

According to the records, the following facts are recognized:

A. The victim was in service in the military around June 2008, and the victim was notified of the results of a close inspection, such as the Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memical Memicals from October 2, 208 to October 15, 2008. Meanwhile, the victim was subject to a high blood pressure.

B. On October 208, 2008, the victim, together with his family members, tried to supper a supper at the frequency of the house. The victim showed a serious number of clothes at 3:0 p.m. on the following day, and the parents thought that the previous food was suppered, and the victim continued to appeal the pain, but the victim went to the above medical center in order to comply with Heging injections recommended by the head of the Sging Center, and the victim continued to appeal the pain.

C. On October 21, 2008, at around 07: 13, the victim filed an appeal for the pass pass from the medical center at night room at the hospital at the time room at the hospital. At around 07:13, the medical center nurse at the hospital at the hospital at the hospital (or the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body and the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

D. While observing the progress of the victim, the Defendant discovered that the victim was showing a luculation around the co, and that the blood pressure was not caused, and that the victim was in a state where he was administered by administering a oxygen. At around 07:50, the Defendant started the heart heart in the state of oxygen 83-85%, and started the heart heart heart in the state of oxygen 83-85%, and performed the engine insertion by exposing the doctor and the doctor inside the hospital in the state of 04%, and performed the cardiopulmonary resuscitation drugs (e.g., Ethine, Ethropin, Dominine), together with the hydropulmonary resuscitation drugs (e.g., h., the cardiopulmonary he had continued to perform the heart, the heart, and the body heart and the body pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary m., and eventually expressed the victim’s death.

E. The Prosecutor Kim 02 determined that the victim’s death was a acute funeral on the ground that the general opinion revealed in a sudden death is determined by the result of the autopsy against the victim, and that the victim’s death was not found due to the fact that there was no other old causes related to the death except for the heart of the heart of the heart of the heart of the heart of the crypined cryr, and that the victim’s death was rapidly deceased above the heart.

3. Determination

A. In full view of the Defendant’s legal statement, witness A01, Kim 02, Park 03, Park 04’s each legal statement, death diagnosis and medical records, and evidence 1 to 3 evidence (**** University Me Me Me Me Me Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes Mes

① In a case where a patient desires to deliver a uniform to his address, it is general to measure the active strength and to diagnose it in a case where it is suspected that the patient is over the heart, etc., but exceptionally, it is difficult to conduct an active or heart test, even if it is conducted, if it is difficult to conduct an active or heart test, and if it is doubtful that the patient is over the heart, etc., it is difficult to do so.

② Meanwhile, it is very difficult to distinguish the upper part of the body that can be seen most frequently from the heart disease. If a patient who appeals the upper part of the body, actually inspects the patient, the heart disease is very rare and more young and healthy, the possibility that the upper part of the body may be returned is lower than the old patient.

③ As a drug that controls the above-mentioned movement and play a competitive action by the Defendant, the Defendant is frequently used in the clinical process even for high blood pressure patients. In fact, the victims of high blood pressure also have been administered with the above-mentioned drugs at Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem.

④ In this case, the nurse A01 attempted to check the active symptoms over several occasions immediately after the victim’s internal organs, but the victim was unable to measure the active symptoms due to unstable conditions, such as continuing to her body back on the back of the body and causing the loss of the nurse.

⑤ The Defendant showed that the victim was unable to measure her activeness, etc. as above, and that the victim was a physically healthy young soldier except for that with which she had a common sense, and that the victim started to her clothes after her scam at his house. The Defendant started to her scam at the scam of the preceding day, and she was diagnosed as having undergone a close inspection, such as heart, blood examination, etc. before 5 days from the date of the accident in this case, ? MaMaMaMaMaMaMaMaMaMa Hospital, but was diagnosed as having no anything wrong, based on the disease history and situation identified by the scambre for the victim, etc., on the basis of the victim’s consideration of the most flexible cause of her scambregying, and the victim’s scamscam for her scambling that the scambre scam was reduced, and the victim did not first scam the scam of the scam.

B. According to the circumstances, the Defendant’s observation of the progress by administering a disguised movement clause and a progressive economy that can not be measured immediately as soon as possible, with the highest quantity of fire extinguishing (the victim’s body at the bar was somewhat somewhat known after the Plaintiff’s earth, and the fire extinguishing function was normal, 3-4 hours after the above discharge time (gatricty styping time) and the food and drugs were moved to the head of the 3-4 hours after the above discharge time (the above discharge time was determined to have taken place after the victim’s body was examined, and when the victim’s body was found to have taken a high blood pressure, it appears that the victim’s fire extinguishing function was not normal, and that it was difficult to view that the Defendant’s negligence fell under the scope of discretion determined to be appropriate in accordance with the patient’s situation, the level of medical care at the time, and his experience at the time of the medical examination and treatment at the bar.)

Furthermore, it is difficult to recognize a proximate causal relationship between the defendant's medical treatment and the victim's death, considering the following: (a) there was no data to readily conclude that the victim had been seriously affected by 30 parts of the victim's internal organs, that she caused her treatment or medication, or aggravated such situation; and (b) no other external factors were involved; (c) as a result of the autopsy, her examination showed an opinion of her heart ties and exorculation; (d) there was an acute symptoms in the unforeseeable situation; (b) even if her had been conducted in advance, she could have died of her heart or her heart; (c) even if her had been young, it is highly probable that the victim had not clearly appeared in the heart or blood examination due to the characteristics of her heart disease; and (d) there was no possibility that her abnormal dogs should be prevented even if her was measured and even if her was measured, it is difficult to acknowledge a proximate causal relationship between the defendant's medical treatment and her death.

4. Conclusion

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

Judges

Judges Oral Training

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