The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts at the time of the instant case, based on the Defendant’s medical experience and knowledge that had been professionally treated by video patients, provided the best choice to conduct an indeption surgery to F on the basis of the Defendant’s medical experience and knowledge, and provided the F and his family members with sufficient explanation of the risk of surgery and the necessity of surgery, and provided the F and their family members with the best best treatment, such as drinking after obtaining consent, so there is no error or negligence by the Defendant in relation to F’

B. The facts charged by the court below as modified in the misapprehension of the legal principles are extremely abstract only by stating that “the necessity of an operation is not examined closely,” and there is no opportunity for the Defendant to vindicate or defend against what part of the indictment, and thus, the modification of the indictment by the court below was unlawful since there was no opportunity for the Defendant to vindicate or defend.

2. Determination

A. The following facts are acknowledged according to the evidence duly admitted and investigated by the court below.

1) F was diagnosed by C&P prior to 20 years, and was diagnosed by liveration around 209, and was imperded with medicine in around September 2010. According to the blood test conducted at Daejeon A&C Hospital around September 2010, the degree of liver function is determined by liverP (TP-turtte-pugh), score’s CTP Scre’s scre’s scre value increase in blood test, based on the assessment data of liver, PT (pophy), P (P-based during the period of time in which pro-throbines), sulfur, 1-6-1-6-1-6-3-9-3-9-10-6-10-10-10-10-10-10-10-10-10-10-10-20-20-200-20-200