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(영문) 서울중앙지방법원 2016.07.14 2016노1309
업무상과실치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s injury caused by occupational negligence (misunderstanding of facts or misapprehension of legal principles) ① It is only after a good example that may arise after the instant procedure was conducted, such as damage to the father species or surrounding land that occurred after the instant procedure, or after the temporary autopsy function of the inner part resulting therefrom, and thereby, it was caused by the injury to the victim.

shall not be deemed to exist.

(2) The defendant performed his/her duty to explain and fulfill his/her duty to explain anesthesia, and stopin which occurred during the procedure shall not be caused by the negligence of the defendant, not by the negligence of the defendant.

Nevertheless, the defendant suffered injury by negligence that he/she has violated the duty to explain the side effects of the procedure or the side effects of the water surface anesthesia.

The judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The Defendant violated the Medical Service Act (misunderstanding of the facts or misapprehension of the legal doctrine) stated that he used propool in the medical record book at the time of the instant medical treatment, and entered matters concerning the dose, racation, the fact of administering racation, and other medication and treatment in the medical record book, thereby performing the duty to enter the record book.

Nevertheless, the defendant did not perform his duty to enter the medical records.

The judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

(c)

The punishment of the court below (7 million won) which is unfair in sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged in accordance with the evidence duly adopted and examined by the lower court as to the assertion on whether an injury occurred, the result of the victim’s face corrosion, neutal damage, and ethal degradation caused by the victim’s physical condition to be changed and the victim’s function of life was hindered. Thus, it is temporary.

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