The appeal is dismissed.

The grounds of appeal are examined.

1. In the instant case, the lower court affirmed the first instance judgment convicting the Defendant of the facts charged, on the ground that the Defendant, a doctor operating a mental hospital, neglected his duty of care to narrow the width of the windows of the hospital or to install the fall prevention facilities, thereby resulting in serious injury to the victim, who is the patient of the hospital, by going beyond his own window.

2. The grounds of appeal are as follows: (1) The Mental Health Act’s 4th floor program room of a mental hospital where a fall accident occurred is not a protection room, and thus, does not apply the criteria under the Mental Health Act and subordinate statutes for preventing a fall; (2) without any legal basis, the judgment below erred in the misapprehension of legal principles as to the content of objective duty of care required for a criminal offender by recognizing the duty of installation of an excessive fall prevention facility, and (2) the defendant, as the defendant, could not have anticipated or avoided that the victim would fall out of the window at the risk of the danger, and thus, the judgment below erred in the misapprehension of legal principles as to predictability.

3. However, according to the records and evidence of the judgment of the court below, even if there is no objective standard under the law on windows facilities in the case of (1) a mental medical clinic program room of the fourth floor hospital (a space used as a group treatment room or a resting room for the patient), the defendant, who operates a hospital treating and protecting mentally and patients, has a duty of care to prevent accidents in advance by narrowing the width of windows or installing and managing appropriate fall preventive facilities, and the mental and patients are likely to escape through windows or attempted suicide, so it is necessary to prepare for this. In fact, the patient in 201 falls within the window of the above hospital.