2. B, the proceedings;

Attorney Jeong-young

Law Firm L&C case (private line for Defendant B)

Attorney Lee Sang-hoon

2. The Defendants are not guilty.

3. The summary of the judgment against the Defendants is published.

A. Defendant A

(1) misunderstanding of facts

The lower court erred by misapprehending the legal principles as follows.

A) In general, 40 hours are required from the time the patient moves to an operating room for the purpose of conducting 1). Considering that Defendant A performed astronomical surgery at around 9:30 when the victim moves to an operating room within 40 minutes, it cannot be deemed that Defendant A’s implementation of astronomical surgery for the victim was delayed.

B) In addition, since the victim had no possibility of birth at the time of moving to the operating room, even if there was a violation of the medical care duty to Defendant A, it cannot be deemed that a proximate causal relationship exists between the violation of the above duty of care and the result of the victim’s death.

2) Unreasonable sentencing

The sentence of the lower court (Defendant A: 10 months without prison labor, and the cost of the lawsuit) is excessively unreasonable.

(b) Prosecutors;

(1) misunderstanding of facts

Comprehensively taking account of the evidence, such as the request for appraisal by the Korean Medical Association, and the meeting of the Korean Medical Association, it constitutes a relatively simple procedure, and even if there was no physical error in the victim’s body structure, the Defendants breached their duty of care by failing to perform the normal duty of care to be observed at the time of inserting the institution. Defendant B, as a doctor in charge of anesthesia, failed to perform the cryping procedure at the time of performing the cryping procedure, and caused the cryping of the institution by inserting the cryption into the nearby organization. Nevertheless, the lower court did not recognize the Defendants’ above breach of duty of care. Accordingly, the lower court erred by misapprehending the legal doctrine.

2) Unreasonable sentencing

The sentence of the court below is too unhued and unreasonable.

2. Determination on the grounds for appeal by the defendant A and the prosecutor

A. Ex officio determination

Before the judgment on the grounds for appeal by the defendant A and the prosecutor is examined ex officio, the prosecutor applied for changes in indictments to the indictments against the defendants at the trial court as of February 2, 200, and this court permitted this and thereby the judgment of the court below cannot be maintained any longer.

However, despite the above reasons for ex officio destruction, the defendant A and the prosecutor's assertion of mistake is still subject to the judgment of this court within the scope of the modified facts charged, and this will be examined below.

B. Summary of the facts charged

Defendant A is the director of C Hospital and the head of the anesthesia, and Defendant B is the person in charge of the anesthesia division. A around 07:15 on August 12, 2010, the victim D (the age of 24) was driving at the crosswalk in the vicinity of the above hospital, Changwon-si E, Changwon-si, E, a traffic accident caused by the accident, and sent back to the above hospital emergency room. The Defendants jointly 08:50 on the same day, jointly conducted an emergency operation for the victim by inserting a general anesthesia as an emergency surgery, and then, the victim was at the time when the victim was under emergency condition, such as the fixing of both dynamics openly due to cerebrtension and so on.

On the other hand, in order to secure the technology prior to the procedure of the above opening, etc. and anesthesia, a prompt in-house insertion should be given priority, and if a medical specialist is well aware of the above opening, a person has a duty of care to ensure that the prompt in-house insertion can be performed, and if a medical specialist fails to perform accurately, a person has a duty of care to ensure that it does not interfere with drinking, such as a planned in-house insertion only with the minimum City/Do. In the implementation of an in-house opening, a person has a duty of care to ensure that he does not interfere with drinking, such as an in-houseing, in-depth surgery, etc., located around the Do, because there is a concern that he could not participate in drinking due to the main bloods, such as the dynassis, spathal, spathal beer, and sculatory beer, and in the above emergency situation at that time, a person with an in-house insertion failed with the victim, even if he did not perform anesthesia through an in-house opening, so that person could be bal.

Nevertheless, the Defendants neglected to do so, even though they were skilled medical specialists with 16 or more years of experience after acquiring the qualifications of a medical specialist, they performed 2 times an institutional insertion without finding the sex of Defendant B, and followed up Defendant A’s implementation of an engine insertion once, but failed to do so. Defendant B attempted to inserting the engine outline, but the mado was actually attempted to do so without recognizing the body dog itself, but it was unreasonable without recognizing it, thereby causing mass transfusion to the victim. After performing 16 or more of 16 years of experience after obtaining the qualifications of a medical specialist, the Defendants failed to perform 3 times of 0 or more of 0 days of death, and the Defendants failed to perform 3 times of 0 or more of 0 days of 0 of 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 .

C. Judgment of the court below

1) Basic facts

The following facts may be recognized in full view of the evidence duly examined and adopted by the court below and the court below.

A) The situation from the time of the accident to the time of the operation;

(1) On August 12, 2010, the victim met at 7:15 A.M. and transmitted first-aid services to an emergency room at 7:43 a.m. on the same day. According to the CT photograph image image and the reading result for the victim, the victim was found to have acutely non-defural mathma and Rt.) at two stages at the right side of the victim. At the same time, the victim was at least 3 p.m. at 4 p.m., the victim was at the right side of the victim, and the victim was at the right side of the victim’s 4 p.m. at 4 p.m. emergency treatment, and the victim was at the right side of the victim’s 3 p.m. p.m. at the right side, the victim was at the right side of the victim’s 4 p.m. p. r. p.m. at the right side, and the victim was at the right side of the victim’s p.m.

(3) At around 08:45, before moving from an emergency room to the operation room, there was a paralysis on the left-hand side of the victim, and the right-hand side was completely discharged.

B) Situation in the operating room

(1) At around 8:50 am on the same day, the victim was moved to an operating room. After the arrival of the operating room, both of the two dynamics were scamed, and the cambling was 38 times later (see, e.g., anesthesia records and the Defendant’s statement). Defendant A explained an operation plan to the effect that Defendant B displayed the victim’s CT photographs, etc., and the victim would carry out cambling because he had the victim’s blood transfusion, etc., the victim. Accordingly, Defendant B attempted the cambling (7.0 meters m in the camb), but attempted to cambling in the cambling room, and attempted to cambling in the cambling system, but attempted to cambling in the cambling system, but Defendant A also attempted to cambling in the e.g., the e., the e., the e., the e., the e., the cam.

(2) Although Defendant A attempted to stuff the organ frame and annual installments of the body frame and to cut the engine frame, the body frame was inserted in the next annual installments. As a result, the body body’s annual installments system was damaged and a certain number of sprinks occurred. As such, the body body’s sponse the body body’s sponse of the body body due to the foregoing sponsecing of the body frame, the Defendants determined that it is impossible for the Defendants to secure any longer the body frame, and determined that the Defendants would perform sprinks differently from the previous plan to perform the sprinks, and led the Defendants to self-harm through the patient’s own sponse while administering the sprinks at around 9:10 a.m.

(3) 피고인 A는 위 에피네프린의 투여를 전후하여 도착한 위 I, J, K의 도움을 받아 약 5~10분간 연부조직의 지혈을 하였고, 이후 직접적인 출혈이 멎었다고 판단하여 지혈 및 상처의 봉합은 K에게 맡긴 다음 천두술을 위한 준비를 하였다. 그 사이에 I, K는 각 기관내삽관을 시도하였고, 피고인 B는 피해자의 코로 삽관(튜브 직경 5.5mm)을 시도하거나 바늘(16게이지)을 이용하여 기도를 확보하려는 시도를 하였다. 한편 J는 지혈이 이루어진 후 곧바로 수술실을 나갔고, K는 연부조직의 상처를 봉합하였으며, I은 피고인 A를 도와 천두술 실시를 위한 준비를 하였다. 피고인 A는 지혈이 이루어진 때로부터 약 10~15분 후인 9:30경에 천두술을 실시하여 10:55경 수술을 마쳤다.다) 수술 후 사망시까지의 상황

A victim was moved to a middle-patient room at around 10:55 a.m. on the same day, and there was no large luminous team in a mixed water condition, and both dynamics were expanded (GCS 3). After that, there was little self-harmaculing signs of the victim, and the victim died at around 11:35 a.m. on the same day due to low temperature symptoms.

2) Medical care for emergency patients

A) In the case of an emergency medical service, medical practice by a doctor should be more prompt and cut off. In such a case, requiring a doctor to perform a prudent duty of care when a general medical practice is performed, and imposing liability for the result of an emergency patient if a doctor fails to fulfill such duty of care should encourage a doctor to only passive and defensive medical practice, and ultimately, causing the risk of causing death of a patient by making it prohibited from performing active and violent medical practice for the patient’s birth. Therefore, in the case of an emergency patient, the method, degree, timing, etc. of diagnosis and treatment employed through a benefit bridge (risk caused by delay of time caused by fulfilling such duty of care and failure to fulfill such duty of care) shall not be considered as being directly connected to the medical level or as being within the scope of reasonable medical practice in light of the emergency situation, so long as it can be acknowledged as being within the scope of reasonable medical practice in light of the standard of care.

In the Emergency Medical Service Act, where emergency medical service provided by emergency medical personnel to prevent the risk of life, grave mental or physical harm to an emergency patient, or aggravation of symptoms led to his/her death or injury, such emergency medical service was unavoidable. In the absence of gross negligence on the emergency medical service provider, the punishment under Article 268 of the Criminal Act may be mitigated or exempted in consideration of the circumstances (Article 63(1) of the Emergency Medical Service Act). In this context, “emergency medical personnel” means medical personnel and emergency medical technicians who provide emergency medical services to an emergency patient within the scope of license or qualification obtained as prescribed by relevant Acts and subordinate statutes (Article 2(1)4 of the Emergency Medical Service Act). Therefore, the duty of care of a doctor who provides emergency medical treatment is mitigated.

B) In the instant case, as the Defendants were to provide emergency medical services to the victim, who is an emergency patient in need of life as a medical specialist or anesthesia, the Defendants cannot determine whether they violated the duty of care identical to that of ordinary medical practices. As seen earlier, the reduced duty of care should be determined on the basis of the reduced duty of care. As such, even if medical practice is acknowledged in light of the ordinary standard, such medical practice should not be considered as a violation of the duty of care insofar as it can be deemed reasonable within the reasonable scope in light of the emergency situation.

3) Whether the entity has breached its duty of care with respect to the performance of an institutional insertion

According to the results of the appraisal conducted on November 29, 201 by the Korean Medical Association, the probability of failure by an institution in the face of the following shall not be deemed as 0.05% or 1/2,230 (the trial records No. 152 pages) and it is difficult to view that the performance of an institution in the face of 0.05% or 1/2,230. However, considering the following circumstances, comprehensively considering the evidence duly examined and adopted by the court below, the defendants attempted to inserting the victim according to the method of an institution in the face of the body, and the method of such treatment was within a reasonable scope, and the defendants predicted or avoided that the defendant was unable to perform the insertion, and there was no other evidence to deem otherwise, it cannot be concluded that the defendants violated the duty of due care to be observed at the time of the institution in the face of the body in question.6)

A) On November 29, 201, the Korea Medical Association's request for appraisal on November 29, 201, there are three cases where a failure in the management of the machinery was caused by the operator's lack of skill, patient side factors, and lack of hospital facilities. In this case, C hospital appears to have a basic instrument management equipment as a quasi-general hospital, and in light of the fact that the institution insertion attempt was made by the narcotics and medical specialist with several chronological insertion experience in the ordinary training course, it is presumed that the patient factors rather than other factors are the main causes (the trial record page 153 pages). Moreover, even after the Korea Medical Association's request for appraisal on December 6, 2010, it is expected that the victim's rescue was a non-normal structure different from the structure of the general person.

B) According to the expert witness reply written on August 24, 2012, L University MaM professors determined that there was no negligence solely on the ground that the institution insertion and institution outline are ordinary and basic common common and basic methods with neum, anesthesia, and anesthesia and doctor, but is not easily successful (the trial record 325 pages 7).

C) In a large case where there is a deep and narrow scam, where the scam, a high scam or a large scam, or a large scam, and where the scam, both sides, and the scam, and the scam, where the scam, and the scam, are scamed or the scam is followed (in cases where the distance between scam and scamscamscamscamscamscam and scamscamscamscamscamscamscamscamscamscamscamscams, etc.) or where the scamscamscamscamscamscamscamscamscamscams in the body or body structure of the victim (see, e.g., Korea Food and Drug Science Association, Lscamscamscam, 719.).

D) From the time when the Defendants acquired the qualifications of a medical specialist in 1994 to the time of the occurrence of the instant case, the Defendants were skilled doctors in charge of anesthesia and surgery for about 16 years, and Defendant B inserted 10 times or more per day in the process of rash, and continued to perform a large number of rashization operations until now, and Defendant A’s experience in rash insertion operations is considerably extensive. However, Defendant B’s investigative agency did not consider that “the victim was a young female, and even more than 10 days more than 10 days more than 10 days more than 10 days more than 16 days more than 16 days more than 16 days more than 16 days more than 16 days more than 10 days. However, in light of the fact that it was difficult to find that the Defendants did not appear to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have me inserted in the me.

E) According to the above, although the Defendants were in the emergency situation where it was necessary to secure a map promptly at the time, they were judged that they faced difficult situations where the procedure for inserting a dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dysian dys

F) On December 6, 2010, the appraisal commission letter of the Korea Medical Association stated that it may be difficult to secure the level even if the normal autopsy structure is damaged due to repeated insertion of the City/Do. However, this is a reply to the question as to whether “the artificial length may be formed on the part of the boom and a wide range of sculatory organ surgery may occur due to the engine insertion after the engine failure,” and the so-called so-called “the so-called “public road,” which remains in the next organization of the agency according to the autopsy report of the Korea Medical Investigation Institute, was made by inserting the culb in the annual installments organization of the agency at the time of the institution alteration, and was irrelevant to the official insertion of the oral organization, despite the fact that Defendant A was inserted in the next organization of the agency, it is difficult to view it as a person who read the questioning as evidence to the effect that the structure of the agency was damaged to the extent that the artificial length was damaged due to the insertion of the agency in the light of the purport of the above appraisal report in the facts charged.

4) As seen earlier, Defendant A’s violation of the duty of care with respect to the implementation of an institutional intervention, and the fact that he was suffering from steb while inserting the steb in an annual organization located adjacent to the engine frame without cutting off the engine frame in the course of performing an institutional intervention. However, in full view of the following circumstances revealed by the court below and the evidence duly examined and adopted by the court below, the above facts of recognition alone cannot be readily concluded that Defendant A performed an institutional intervention in violation of the duty of care with respect to general doctors performing an institutional intervention, and there is no evidence to acknowledge otherwise (On the other hand, Defendant B merely violated the duty of care with respect to the implementation of an institutional intervention, but it is difficult to view that Defendant A performed the said institutional intervention only upon Defendant A’s request to undergo an institutional intervention and stebs, and thus, Defendant A’s request to perform the said institutional intervention in this case is reasonable as it is reasonable to deem Defendant A’s violation of the duty of care with respect to steboming and steb.

(A) Institutional routing means securing a routture without oral insertings; and

The operation is to cut the body by approaching the engine frame and inserting the tubes while booming the skin and annual installments surrounding such body.

B) According to the request for appraisal made by the Korean Medical Association on November 29, 2011, there are cases where it is impossible to access to the engine string in the event that blood transfusion occurs due to the tearing of the engine around the engine during the process of staleing and staleing, and where staleing of the body is difficult due to staleologically, it is difficult for the Korean Medical Association to bale the body and staleing of the surrounding body. In the process of baleging the surrounding body, the occurrence of blood alone cannot be readily concluded to have the negligence in the process solely because the 80% of the 80% of the galeculous surgery occurred in the case of performing the galeculation (154,155 of the trial record).

C) In accordance with the Korea Medical Association’s request for appraisal by February 27, 2012, in cases of an emergency to conduct an organ saving operation, as seen earlier, there exists existence of a general merger certificate and risk, and in cases of an organ saving operation, it cannot be readily concluded that there was a negligence in the course of the procedure with a physician who has conducted the procedure (the trial record No. 221). Moreover, even in the expert witness reply by August 24, 2012 and April 17, 2013, the fact that an organ saving operation was damaged during the process of performing the organ saving operation cannot be readily concluded that there was a negligence with a doctor who conducted the organ saving, solely on the basis of the fact that the organ saving operation was damaged and the blood transfusion was caused (the trial record No. 325, 424 pages).

D) In full view of the fact that Defendant A, with the help of an ordinarily the same pathn and the head of a division, carried out the eculatory surgery with the help of I, and that there was an emergency situation where I could not wait at the arrival of I even at the time of the instant case, Defendant A independently carried out the eculatory surgery before the arrival of the operation room, Defendant A was in a way of performing the eculatory surgery; Defendant B was in a relationship with the victim’s eculatory treatment because the victim’s respiratory condition is not good; Defendant B was in a way of drinking water treatment; Defendant B was ordinarily in a way of performing eculatory surgery; Defendant B was accompanied by eculatory surgery when performing the eculatory surgery; but in this case, Defendant A was in a situation where it was difficult to secure the eculatory surgery for the reason that it was an emergency situation, and Defendant A was in need of urgent eculatory surgery under the conditions above, and it is reasonable to fully preserve the body of the victim in the above situation.

5) Whether a person has breached his/her duty of care to delay in astronomical;

It is examined whether a person has a duty to promptly go to the national anesthesia alone prior to the implementation of the internal insertion of the institution or the institutional rheatization.

A) As evidence consistent with this part of the facts charged, there is a letter in the purport that the Korean Medical Association of Korea (the Korean Medical Association), among the requests for appraisal commission made on November 29, 201, a general anesthesia needs to be required, and an institutional insertion is normally required, but where only a simple astronomical surgery is planned, it is sufficiently possible (the trial record 148, 150 pages) under the state anesthesia without a general anesthesia through an institutional insertion, and there is a letter in other expert response to the same purport. < Amended by Presidential Decree No. 23568, Feb. 27, 2012>

B) However, in the performance of medical treatment, a doctor shall have a reasonable discretion to choose the patient’s situation, the level of medical care at the time, and the method of medical treatment deemed appropriate based on his/her own knowledge and experience, and as long as it does not deviate from a reasonable scope, either of them shall be justified and shall not be deemed to have been negligent in taking any other measures (see, e.g., Supreme Court Decision 2008Do3090, Aug. 11, 2008). In full view of the following circumstances revealed by the evidence duly examined and adopted in the lower court and the trial, the fact that the Defendants did not immediately perform astronomical surgery alone cannot be readily concluded that the Defendants violated the duty of care with general surgery, and there is no evidence to acknowledge otherwise.

(1) Since the implementation of astronomical surgery on patients who have suffered from the sculpary surgery is merely temporarily lowering brain pressure by discharging only the blood species outside, the Defendants planned an opening for more fundamental treatment. To this end, the Defendants attempted the sculp and the sculpary surgery. From the beginning, it is difficult to view that the Defendants’ attempt to establish the sculpical plan and to secure the sculpical surgery is beyond the scope of reasonable medical practice.

(2) In addition, it is possible to perform astronomical surgery only with national anesthesia, but if astronomical surgery is conducted without securing the Do, there is a possibility that cerebral pressure increase, etc. due to lack of oxygen, and thus, it is medically recognized that performing astronomical surgery is reasonable.

(3) The Specialized Committee reply dated August 24, 2012 states that, in the case of a dead-end patient, the transpicing shall be carried out preferentially, and that, in the case of a dead-end patient, it shall be carried out (323 pages of trial record) when the transpicing is not performed (the trial record 323 pages). Furthermore, the Special Committee reply letter dated August 29, 2012 states that there was no error in executing a astronomical surgery because it is difficult to secure the lacing. Furthermore, the Special Committee reply letter dated August 29, 2012 states that there was no best method (the trial record 335 pages). It supports the reasonableness of the above medical treatment by the Defendants.

(4) As of November 29, 201 and February 27, 2012, the Korea Medical Association’s appraisal commission (“Korea Medical Association”) states, “The time required for the opening of the surgery is ordinarily required for about 40-50 minutes after arrival in the operation room. In the case of two-way patients, approximately 30 minutes are required. In this case, the implementation of 40 minutes after the arrival of the operation room shall not be determined late, even if considering the patient’s condition, it is difficult to conclude that the Defendants violated the first method of treatment to ensure that the Defendants’ implementation of 40 minutes after the arrival of the operation room was in violation of the duty of care.” Furthermore, it is difficult to view that the Defendants’ first method of treatment is difficult to ensure that the Defendants were in violation of the duty of care to ensure the withdrawal and treatment of 1,000 square meters prior to the arrival of the operation room, and the Defendants’ first method of treatment without any oral addition of the operation room and the first method of treatment of 1,000 square meters.”

(5) Meanwhile, on August 24, 2012, the reply of expert committee members from August 24, 2012 stated that the time ordinarily required for breath is from 30 minutes to 40 minutes, or that the treatment is delayed due to the process of securing the instrument for patients with cryposis in a first-class state such as heat, respiratory and pulmonary reduction, etc. (the trial record 334 pages), while the reply of expert members from August 29, 2012 stated that the securing of the instrument is the most important stage for the treatment of patients with cryposis, so it can be seen that it is possible to attempt three times, and that it is reasonable to take measures. The reply of expert members from April 17, 2013 stated that there was no other method to consume much time to secure the instrument in this case (the trial record 426 pages), and therefore, it is difficult to admit credibility of the reply as evidence to support each of the above facts charged.

6) Whether the proximate causal relationship between the breach of duty of care and the occurrence of result

A) In a claim for damages due to a violation of a duty of care in medical practice, where it is proved that the act of medical malpractice is proven and that the cause different from the result is not possible, the burden of proof is mitigated by estimating the causal relationship between the medical negligence and the result (see, e.g., Supreme Court Decisions 2009Da82275, 82282, Jan. 27, 2012). However, in a criminal trial, it is reasonable to deem that there is no reasonable doubt as to the negligence and the causal relationship still require proof to the extent that there is no reasonable doubt. Therefore, in order for a doctor’s negligence to be the negligence with a causal relationship contributed to the victim’s death, it should be proven that the victim was not dead, and the burden of proof is the prosecutor (see, e.g., Supreme Court Decisions 95Do2710, Nov. 8, 196; 2005Do822, Oct. 26, 2007).

B) Even if the Defendants were to have violated the duty of care as stated in the facts charged, the evidence submitted by the Prosecutor alone in light of the following reasons is insufficient to deem the proximate causal relationship between the breach of the duty of care and the occurrence of the outcome, and there is no other evidence to acknowledge it.

(1) In the event of the occurrence of a climatic surgery, the two climatic pressure increases by taking account of an empty space in the two climatics. If this phenomenon continues, the side climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatics. In the event that the procedure for the climatic climatic climatics is not carried out, the two climatic pressure continues to increase and eventually the patient dies with pressure of training in charge of the maintenance and management of the climatic cli

(2) Both of the patients who have suffered climatic surgery fall under GCR 3. It appears that the death rate of 4 times is high compared to the patients who have suffered climatic surgery, brain-resistant surgery, brain-resistant surgery, etc. (see, e.g., referring to the fact inquiry reply to the National Scientific Investigation Agency; 136 pages of trial records; 223 pages of trial records; 200; 354 pages; 200; 354 out of the trial records; 4; 4; 1; 3; 3; 3; 3; 4; 9; 9; 4; 9; 9; 9; 9; 9; 1; 3; 4; 1; 3; 3; 4; 3; 4; 4; 2005; 208; 2; 3; 4; 2; 3; 4; 2006; ; 4; ; 2; ; 3; ; ; ; ; and ; ; ; and ; ; ; and ; ; etc.) of the study of the study of the study of the surgery. of the new surgery. of the patients..........>.>.>.>.>.>.>.>.>.>.>.>.>.>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

(4) As seen earlier, at around 8:45, the victim had already been in an emergency room in a state where the right road was expanded, and at around 8:50 through 8:55, the left side of the emergency room was in a state where both Dong and Dong were in a large state. The two parts of the victim were confirmed to be accompanied by various types of damage, such as light-of-face external blood transfusion, prop-to-propoping transfusion, brain-to-propoping transfusion, thyrosis, and cerebral dys that are accompanied by blood transfusion (in fact-finding inquiry about the National Science Investigation Institute, 136 pages), and there is sufficient room to view that the victim had had a possibility of birth at the time of being moved to the operation room. Accordingly, if the defendants did not neglect their duty of care required by them, it cannot be concluded that the victim did not die.

(5) While the autopsy report of the National Scientific Investigation Institute states that "it is deemed that there was an influence on the death of a dead body due to climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic clip)."

(6) We examine the credibility of each expert witness reply prepared by L University NLI NL and KimM professor. First of all, the expert witness reply written on August 24, 2012 stated that the possibility of birth would be 70% upon the performance of astronomical work in cases where two dynamics are entered, such as the victim. The expert witness reply written on August 29, 2012 stated that the possibility of death would have been 0% on the premise that the emergency room was secured and performed at around 8:50 on the same day, and that the possibility of death would have been 10% on the premise that the operation was performed (the trial record 334 pages). However, the above judgment is inconsistent with other research findings and answers written on August 24, 2012, each of the above expert witness reply written on August 29, 2012, stating that the above expert witness reply written on April 20, 2012 reaches 208 (the above expert witness reply written on April 28, 2013).

7) Sub-committee

Therefore, since the facts charged against the defendants constitute a case where there is no proof of crime, it should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. The prosecutor's assertion of mistake of facts is justified.

3. Conclusion

Therefore, the appeal by the defendant A is well-grounded, and the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and it is again decided as follows.

The facts charged against the Defendants are as shown above 2.B., and this constitutes a case where there is no proof of crime as seen earlier 2.c., and thus, the Defendants are acquitted under the latter part of Article 325 of the Criminal Procedure Act.

Judges Song Jin-ho

Judges Park Jae-young

2) means opening two units to give an operating treatment in two or more parts;

3) 3 points in the visual reaction in GCR (on the side), 4 points in the language reaction (Mixed dialogue), 5 points in the physical team reaction (on the side of the side of the side), and 5 points in the physical team reaction (on the part of the part of the side of the side of the side of the side of the side of the day);

4) The patient’s consciousness is divided into five stages, depending on the degree of mixedness, namely, life fee, flag, mixed, semi-mixed, and complete mixed water.

5) According to the record, although the time required for the insertion itself is not only from the beginning and the beginning, the location of a sexual question is confirmed through the rear scambling, etc.

Considering the process of putting the Pib into the position of a sexual creb, time is ordinarily required for about 1 to 3 minutes in all the crebs in the institution, and this case

Considering that it was difficult to find the location of the sex, about about 10 minutes of time is presumed to have been required for the insertion of the Agency.

may be filed.

6) In the autopsy report of the National Institute of Scientific Investigation submitted by the Prosecutor as evidence, the merger certificate occurred during the process of securing the map was affected by the death.

(1) The Defendants’ breach of their respective duty of care are referred to only as to the causal relationship and as seen below.

is not urgent.

7) The above reply states that the doctor in charge shall be responsible for proving the reason for failure (the trial record 325, 326 pages). However, the above reply states that the doctor shall be responsible for proving the reason for failure.

It is a matter of court's decision as a matter of necessity of proof of negligence and legal judgment of burden of proof.

8) According to the study, most of the cases where it is difficult for an institutional insertion officer to properly disclose the parts of the latter using the latter, which is when it is not possible to properly disclose the latter.

Class 1 is classified into Grade 4 according to the degree of difficulty. The first class shows most of the sexual gate, and the second class is only the end of the sexual gate.

In the case of class 3, the gate is not visible and the 2nd cover is visible, and the 4th class is not likely to be covered (Cormack and the 4th class).

Lehne scale, anesthesia I, 726 pages) In addition, in the case of anesthesia, City/Do which attempts to inserting machinery more than three times in general or more than ten minutes in general.

In the case of Korea, it is classified as the 'inletination of an institution 'inletination' (anesthesia pain, 109 pages; 00 scarination, scarin administration', and anesthesia; and

See the academic conference paper (see, e.g., Supreme Court Decision 2006, Mar. 3, 2006), No. 241). As seen in the above research findings and the following, the Defendants and the intent of the Defendants

According to the statement, it is possible that the victim falls under class 3 or 4 in which he/she can not be properly exposed to the two parts in the case of the victim.

not exclude any such person.

9) Retreatment using a manual artificial smoking machine (hereinafter referred to as a "sample").

10) “A musical cycle in which brain pressure has been caused unless an appropriate oxygen is supplied to the brain and the brain pressure has been pressured again to repulmonate;

this entry into force shall take place."Korea Medical Association of February 27, 2012, the letter of request for appraisal, the number of pages 220 of the trial records; the letter of request for appraisal by Korea Medical Association of February 27, 2012, the letter of request for appraisal by Korea Medical Association

."Written reply from the expert advisor on August 24, 2012, 326 pages 326 of the trial records; ..." if the brain pressure decline and the oxygen should not be secured as a tent, it is necessary.

Since brain damage may occur due to low fertility, it is known that there was an attempt to secure Doctrine."C Hospital's negorithy statement and director;

See Public Trial Records 368