The defendant shall be innocent.

In relation to emergency treatment, the defendant has been negligent in leaving the victim excessively so that the respiratory is restricted, found the pulmonary suspension late, and neglected the preparation for the emergency and emergency treatment.

The Defendant caused the death of the victim by such negligence.

The lower court found the Defendant guilty on the charge of the charge, but acquitted the Defendant.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor.

The prosecutor applied for the modification of the indictment to the defendant as stated in the annexed indictment.

This court allowed changes in the bill of amendment to the indictment and became different.

The judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the following is again decided after pleading.

[Judgment to be used again]

1. As to the facts charged as stated in the annexed indictment.

2. In a judgment civil suit, there are other causes than medical malpractice in regard to the occurrence of symptoms where there are symptoms causing severe results to the patient after the surgery or surgery.

It is also possible to presume that such symptoms were due to medical negligence by proving indirect facts difficult to see (see Supreme Court Decision 2012Da41069, Jan. 29, 2015, etc.). However, in a criminal trial, the conviction in a criminal trial ought to be based on evidence with probative value that leads a judge to the conviction that the facts charged are true to the extent that there is no reasonable doubt, and thus, the prosecutor’s conviction may lead to such conviction.