The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the charged facts in the instant case contain the purport that “medical personnel performing the mouth cancer surgery has a duty of care to thoroughly perform the best measures to prevent the surgery from spreading the surgery while performing the surgery,” the lower court omitted the Defendant’s decision on negligence in performing the surgery.

B. Although the defendant knew of the victim's blood transfusion, he did not take appropriate measures immediately and caused the victim's death by negligence that did not take appropriate emergency measures for the pulmonal difficulty of the victim, the court below acquitted the defendant of the charges of this case on the ground that he did not have any occupational negligence. The court below erred by misunderstanding the facts and affecting the conclusion

2. On April 8, 201, D Hospital E and professors of the instant facts charged, F, and G: (a) at D Hospital located in Young-gu, Young-gu, Jeondong-gu, Seoul on April 8, 2011, the victim I (63 years old) can be seen as the left-hand side of the instant hospital; (b) an operation of the instant case hereinafter referred to as “the instant surgery”).

B implemented the above operation, and the defendant J (three years in the above departments), K (three years in the above departments), L (two years in the above departments), and L (two years in the above departments) supported the above operation at the time.

Inasmuch as the oral cancer operation is widely cut off the oral organs including the flaging tissue within the mouth while performing a surgery, medical professionals, if the surgery does not properly perform flachising and flachising, the sum of flachising may be flachied if the flachis are continuing and severe when the flachising surgery is performed at the bottom of the surgery. As such, there may be risks, such as an flachising, flachising, the flachising flachising flachising from the mouth, the flachising surgery, and the medical professionals performing the oral cancer surgery shall take the best steps to thoroughly flachising the flachising surgery and prevent the flachising of the surgery while performing recovery treatment after the surgery.