The defendant shall be innocent.

1. The summary of the facts charged is the father and doctor of the D Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government.

Around November 201, the Defendant confirmed a severe brue inception while treating the Victim E (V, 26 years of age)’s dystye, thume, etc., and entered it in the surgery record. On November 2012, the Defendant again treated the Victim’s brue, etc.

On July 10, 2013, the Defendant complained of cruel symptoms on the lower part and the lower part of the right part, and conducted a first-wave test on the victim who was admitted to the said D Hospital. As a result, the Defendant decided to conduct a second-wave test on both rearcing and the lower part of both rearcing and rearcing around the mouth.

On July 11, 2013, at around 09:30 on July 11, 2013, the Defendant opened a part of the victim, referring to the part of the victim in the operation room of the above D Hospital, and performed a cryptive operation to perform the cryptive operation.

In such cases, the defendant, who is engaged in the operation, has already been negligent in performing the operation due to the lack of proper classification of the victim's autopsy structure, and there is a high possibility that the operation is difficult and may cause damage to the blood banks, etc. at the time of inserting the alley, etc. so more detailed attention is given to the other parts of the body, which is not the part of the operation, and in particular, the president who is directly connected with the life of the life, even though he/she has a duty of care to prevent the injury to the body, which is not the part of the operation, and in particular the president who is directly connected with the life of the life, he/she neglected it.

As a result, the defendant suffered the president's alleyculsis where the number of days of treatment can not be known to the victim due to occupational and practical reasons.

2. Determination

A. Since civil liability and criminal liability due to malpractice in medical treatment are different principles from each other in terms of the guiding ideology, burden of proof, degree of proof, etc., medical treatment is performed in cases where it is proved that the act of medical negligence cannot be proven and that the result cannot be changed.