A. The evidence submitted by the prosecutor of mistake of facts or misapprehension of legal principles alone is insufficient to prove the existence of an emergency situation and the necessity of all, and even according to the relevant laws and regulations, since the H hospital of this case is not obliged to have an artificial smoking machine or an external motive, etc., it cannot be deemed that there was negligence in the process of progress observation and electric power resource measure. Since the mountain communication management was conducted by Co-Defendant A and the hospital's facilities manager, nurse, etc., who are the president of the hospital, and thus, it cannot be deemed that there was negligence in the Defendant's failure to verify the amount of oxygen oxygen, the court below erred by misapprehending the legal principles as to the violation of duty

B. Even if an unreasonable sentencing is acknowledged, the sentence against the Defendant (one year of imprisonment without prison labor and two years of suspended sentence) is too unreasonable in light of the circumstance and present situation where the Defendant committed the instant crime, etc.

2. Determination:

A. The following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, i.e., co-defendant A of the court below at the time of this case was the president of the H hospital of this case and was a medical specialist in anesthesia, and the defendant was a medical specialist in anesthesia as the head of the anesthesia medicine department employed by the above hospital, and ② the victim was a patient who was receiving the treatment from A foreculatory cirrosis for cirrosis, but the cirrary cirrosis surgery performed by the victim at the time of this case was conducted by the victim was a cirropical cirrosis and easing the pain.