A. The Defendant, who is aware of the fact, continuously and effectively conducted the cardiopulmonary resuscitation, was not negligent on duty.

B. Legal principles are likely to cause brain damage even if the cardiopulmonary resuscitation is properly performed. The victim’s brain damage is highly likely to occur due to delay in arrival of 119 rescue workers and the hospital’s insufficient treatment. Therefore, the Defendant’s act and the victim’s brain damage were either irrelevant to or isolated from the victim’s brain damage.

(c)

The sentence of the court below which is unfair in sentencing is too unreasonable.

2. Determination

A. As stated in the lower court’s reasoning, ① 119 rescue workers, who were dispatched to the scene at the time, arrived next to the victim and found their intention, but no doctor had the intention to do so.

(2) Even according to the Defendant’s statement, the Defendant’s statement: (a) heard the sound that the 119 rescue unit arrived while performing the cardiopulmonary resuscitation to the victim in shift with H in nursing operation; and (b) suspended the cardiopulmonary resuscitation at the 119 rescue unit; (c) the Defendant was not equipped with any oxygen supply device or antitension; (d) on the other hand, a large number of hospitals in a size similar to the hospital operated by the Defendant were equipped with oxygen supply device or antitension.

⑤ As a result of the lower court’s factual inquiry into the medical association, the result of the lower court’s reply to the fact that “the cardiopulmonary resuscitation ought to continue without leaving diving, and this case did not carry out effective cardiopulmonary resuscitation in accordance with the principle of cardiopulmonary resuscitation, such as securing the airway, using oxygen supply devices and external motors, and administering the antitensions.

In addition, the purport of "," is that the defendant is not only at fault of failing to perform effective cardiopulmonary resuscitation to the victim, but also at fault of not being equipped with the responding medicine and equipment due to the general side effects of Libya.

(b).