2019Do9236 A. Occupational failure, etc.

(b) Violation of the Medical Service Act;

1. A.

2.(a) B

3.2.(b) C Hospital

Defendant A and Prosecutor (as to Defendant B and C Hospital)

Law Firm Cheongn Law Firm (for Defendant A)

Attorney Kim Jong-chul

Law Firm Jeong (Defendant B)

[Defendant-Appellant]

Busan District Court Decision 2016No4927 Decided June 21, 2019

20.1, 30

All appeals shall be dismissed.

The grounds for appeal are determined.

1. On the grounds for the appeal by the prosecutor, the lower court acquitted the Defendant on the grounds that there was no proof of a crime by citing the violation of the Medical Service Act and the facts charged against C Hospital among the facts charged against the Defendant B on the grounds of the judgment below. Examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of free conviction due to violation of logical and empirical rules, or by misapprehending the legal doctrine on the scope of duties and medical practice.

2. As to the grounds of appeal by Defendant A, on the same ground as the judgment of the court below, the court below convicted Defendant A of the charge. Examining the reasoning of the judgment below in light of the relevant legal principles and evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on occupational negligence.

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ansan-chul

Justices Park Sang-ok

Justices Noh Jeong-hee

Justices Kim Jae-hwan of the District Court