The prosecutor's appeal is dismissed.

1. The summary of grounds for appeal;

A. As a description of the side effects of psychotropic surgery, it cannot be deemed that the content of the side effects of the relevant surgery, which is entirely different from that of the relevant surgery, cannot be deemed as having been explained. In particular, considering the fact that the victim is old and is continuing to prove pain without any particular cause after the first procedure, the procedure should have been sought for consent from his family.

Therefore, the Defendant fulfilled his duty to explain to the victim.

It is difficult to see it, and there is a considerable relation between the violation of the duty of explanation and the injury of the victim.

B. If it is possible to verify and prevent the occurrence of a national anesthesia, etc., such as what he/she was predicted by the Defendant to prevent the injecting the national anesthesia into a bloodline, not a light-blag organization, and whether it was possible to confirm and prevent it, it is necessary to additionally examine whether the implementation was conducted.

(c)

After the procedure, the victim suffered side effects from around 11:43, but it was confirmed that the emergency measures were taken against the victim since around 12:05, and that there was a fall in food and clothing. Thus, the defendant is found to have violated the duty to immediately take emergency measures.

(d)

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case on the ground that it did not recognize the Defendant’s breach of duty.

2. Determination

A. The facts charged in this case and the judgment of the court below 1) The summary of the facts charged in this case are the doctors of C Hospital in Dobong-gu Seoul Metropolitan Government.

At around 11:50 on December 24, 2013, the Defendant, at the 3rd floor of the above hospital, performed a surgery to block clocks containing approximately 5ccck drugs containing approximately 3cccclocks and 3clex 1clex clex in the external organization of the victim D (M, 77 years old) with the diameter of about 4-5 times the light of the victim D (M, 77 years old), who is the patient.

In such a case, the use of drugs that may cause symptoms, such as parassis and respiratory suspension, is used.