The judgment of the court below is reversed.

[Defendant A] Defendant A shall be punished by imprisonment without prison labor for four months.

except that this judgment.

1. The summary of the grounds of appeal 1) Fact-finding and misunderstanding of legal principles on the Defendants’ injury caused by occupational negligence (1) fact-finding by mistake of the Defendants on the part of the Defendants, which operated the victim’s left knee, not the victim’s right knee, but on the left knee, there were knee-cars similar to the right knee, so it can be deemed that the Defendants

However, the lower court found the Defendants guilty of this part of the facts charged on the ground that the Defendants suffered injuries to the victim’s left kneee due to the surgery.

(2) 피고인 B의 의료법 위반의 점에 관하여 이 사건 수술 과정에서 피해자의 왼쪽 무릎에 있는 병변을 내시경으로 관찰한 이상 이는 시진( 視診 )에 해당하므로, 피고 인은 위와 같은 진단 결과에 따라 진단 명을 사실대로 수정한 것이다.

However, the lower court found the Defendant guilty of this part of the charges on the ground that the Defendant’s medical record was modified differently from the facts.

2) The sentence of the lower court (Defendant A: 6 months of imprisonment without prison labor, 2 years of suspended execution, 2 years of fine: Defendant B: fine of KRW 10 million, Defendant C, D, and E): Each fine of KRW 7 million is too unreasonable.

2. The lower court, ex officio, applied the current Medical Service Act to Defendant B’s violation of the Medical Service Act.

However, Article 88 subparagraph 1 of the current Medical Service Act (a statutory penalty of not more than three years of imprisonment, or a fine of not more than 30 million won) has been amended and implemented as Act No. 14438 on December 20, 2016, and the statutory penalty has been raised more than Article 88 of the Medical Service Act (a statutory penalty of not more than three years of imprisonment or a fine of not more than ten million won) which was enforced before the amendment.

Since the former provision is applied to the act before the enforcement of the amended provision pursuant to Article 3 of the Addenda, the current Medical Service Act cannot be applied to the crime committed before the enforcement of the current Medical Service Act.

However, there are reasons for reversal of authority above, but it is about Defendant B’s violation of the Medical Service Act.