The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant was aware of the fact that, in the medical examination of a woman in childbed and a woman in childbed, the mother F was aware that the defect of only the induced part was recommended by the hospital due to the fact that the mother F was not the head of the fetus and the majority of the mother's body in the medical examination, and was aware that there was a mixture of urines in the process of delivery, while the delivery was in progress, and that there was a confusion between the Defendant and the death of the fetus in the event that the situation of delivery was confirmed, such as checking the p-pos of the fetus after one hour and 30 minutes thereafter, there was an obligation to take appropriate measures with the advice of the p-pos of the p-pos of the fetus. 2) In light of the fact that the Defendant did not have any particular health disorder before the delivery of the fetus, the fetus caused the death of the fetus due to the Defendant's negligence, and that the result of the death of the fetus could have been prevented through measures such as king, etc.

B. The sentence (one million won of a fine) imposed by the court below on the grounds of unreasonable sentencing is too unhued and unreasonable.

2. Determination

A. The lower court’s determination on the assertion of mistake of facts or misapprehension of legal principles (1) is as to the existence of occupational negligence. (1) The lower court determined that ① the mother of this case was the first child of this case, and the child of this case was completely opened, and only the part was born on January 9, 2016, which was 3 hours after the acquisition of the child, around 21:27, 2016, from January 8, 2016, when the mother was the first child of this case. In light of the above time, it cannot be readily concluded that only the portion of this case was a late delivery, and ② even if the new child was the so-called p-pos payment that led to the ground at the time of delivery, such p-pos payment can be seen as a cause of delay of delivery, and thus, it can be said that it constitutes a cause of the birth itself.