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(영문) 광주지방법원 2017.10.18 2016노3867
업무상과실치사
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, even though the defendant could sufficiently recognize the fact that the defendant had caused the death of the victim by his occupational failure or occupational failure, which did not perform the prosecutor’s and official measures in the timely manner, the court below accepted only the defendant’s legal action, and acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the facts.

2. Summary of the facts charged in this case

A. 1) The Defendant, who had majored in B hospital, was the doctor in charge of the victim C ( South and the age of 65) from July 4, 2012 to July 29 of the same month, engaged in the treatment of the patient.

2) On July 5, 2012, at B hospital B on July 5, 2012, the victim received an operation for franchisium franchisium and franchisium infection (hereinafter referred to as “the first operation”) from a medical specialist, the following month:

7. 15:30 On the same day, a felling surgery (hereinafter referred to as the "second feling surgery") was conducted by E, a medical specialist of the above hospital, around 21:30 on the same day.

3) The victim was hospitalized for recovery after the surgery, starting with the island symptoms from July 18, 2012, and continued hospitalized after the autopsy’s diagnosis.

4) On July 23, 2012, the Defendant called from the nurse in charge of around 01:06, to the effect that the victim’s repulmonary condition is difficult, and after examining the condition of the victim, the Defendant continued to observe the nurse and issued the nurse an instruction for the smoking of the non-pharmaceuticals within the mouth, and the inserted officer did not implement the instruction.

On the same day, the victim caused symptoms of pulmonary stop around 02:50, and the defendant performed the breath and cardiopulmonary resuscitation, and then took measures to transfer the victimized person to the middle patient's room.

5) On August 7, 2012, F of the major changed the term “F” with D’s instructions.

On August 12, 2012, 10:42 around 10:42 on August 12, 2012, the victim died of a diversified long-term diversity brain damage.

B. The defendant's business shop and the victim's death will be one-lane in the operation of the franchisium and the flachisium.

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