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(영문) 부산지방법원 2015.04.16 2014고정4280
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

around 17:00 on March 4, 2014, the Defendant: (a) as a dentist operating “Cental Department; (b) at the above dental clinic located in Geum-gu, Busan; (c) provided medical treatment to the victim E, who has released the left-hand love.

In this case, the dental doctor has a duty of care to verify accurately the part desired by the patient, to judge whether it is necessary for health and hygiene care as a dentist, and to explain it to the patient and to give it with the patient's consent.

Nevertheless, the Defendant did not confirm or explain the victim's love on the left-hand side without any verification or explanation, and caused the victim to suffer the injury caused by the second Daegu value on the left-hand side of the treatment days due to the fact that the victim suffered the injury caused by the second Daegu value on the left-hand side of the treatment days.

Summary of Evidence

1. Statement made by witnesses E in the third protocol of the trial;

1. Statement F in part of the second police interrogation protocol against the accused;

1. Some statements in the police statement concerning F;

1. Medical records, confirmations of medical treatment, and recording records;

1. Business registration certificate;

1. The Defendant asserts that he/she obtained the consent of the foregoing Franchisation [the Defendant], but in full view of the following circumstances revealed by the evidence in the judgment, it is determined that there was no consent of the victim. ① The Defendant did not obtain the consent of the victim before the outbreak. ② The Defendant stated that the Defendant’s employee F explained the victim that he/she did not perform the flachising procedure on the part of the Franchising after the outbreak of the two requirements for the flachisation and the flachising procedure, and that he/she completed the flachising procedure (such as the flachis No. 17 and 35 of the Investigation Records). The above explanation is likely to cause considerable inconvenience to the life of the victim if he/she does not perform the flachising and flachising.

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