The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles carried out a gate removal operation against F, and Co-defendant C (hereinafter “Co-defendant C”) of the lower court, an assistant nurse, only carried out assistive acts so that the Defendant can dyphere the part of the operation with a locked place.

Part B of the lower court (hereinafter referred to as “B”) as an assistant nurse only provided assistance according to the Defendant’s instruction. Part B of the lower court (hereinafter referred to as “Co-defendant”) as an assistant nurse only provided assistance.

K K Stockholm was conducted at will without the involvement of the defendant, and the laping procedure for K was conducted directly by the defendant, and the laping procedure was performed only by the assistive act according to the defendant's instruction.

B. The lower court’s sentence of unreasonable sentencing (one year, three months of imprisonment, and two years of suspended execution) is too unreasonable.

2. Determination

A. The term “medical act” under Article 27(1) of the Medical Service Act means the act of preventing or treating a disease caused by diagnosis, autopsy, prescription, medication, or surgical treatment based on medical expertise, and other acts that may cause harm to public health and sanitation, unless performed by a medical person, with the experience and function of diagnosis, diagnosis, prescription, medication, or surgical treatment based on medical expertise.

In this context, “the risk of harm to health and hygiene if a medical person is not performed,” is sufficient to do so by abstract risk, so it cannot be said that there is no danger to a patient in detail.

Even if a physician allows a nurse to participate in medical practice, the medical practice is performed under the responsibility of the doctor, and only the nurse is an assistant.

Where a nurse provides "medical assistance", he/she shall participate in the field at all times.