The prosecutor's appeal is dismissed.

1. In light of all the circumstances, the court below erred in finding the Defendant not guilty of the facts charged of this case due to mistake of facts and misapprehension of legal principles, although it could sufficiently be recognized that the Defendant caused the death of the victim due to occupational negligence as stated in the facts charged of this case, such as the mistake of facts and misapprehension of legal principles.

2. Determination

A. The summary of the facts charged is as follows: (a) from March 2, 2015, the Defendant, as a medical specialist, served as the chief of the D Hospital E general surgery division in Gunsan-si C from March 2, 2015.

On April 30, 2015, the Defendant: (a) provided medical treatment to the Victim E (V) at the AD Hospital around April 16:25, 2015; (b) was knee-free knee-free infection; and (c) was defe-free kne-free infection

Based on the judgment of the court, the victim solicited the victim to knee artificial knee-fenging operation for the purpose of converging the pain, and accordingly the victim was hospitalized in the above D Hospital and was allowed to undergo an operation from the defendant at this point.

피고인은 수술을 하기 전에 피해자에 대하여 심전도, 혈액검사, 흉부 방사선 촬영 사진 등 검사를 실시하여, 2015. 4. 30. 경 ‘ 동 빈맥( 洞頻脈)’, ‘ 아래 쪽 경색’, ‘ 비정상 ECG (Electrocardiogram, 심전도)’ 라는 심전도 검사결과를 받게 되었다.

In addition, at the same time, the victims were old, and there was a fluenite suffering from the heart of the lower wall, and there was a complete stop between the friendly dynamics and the left-way vessels connected to the heart of the victim, and the starting part of the left-way vessels was narrowed to 50%. In addition, in the case of the operation performed by the victim, the operation accompanied by large numbers of blood transfusion and the operation performed by the general anesthesia, which could have increased the risk of heart diseases after the operation process or the operation.

In such cases, a physician to gather surgery shall conduct a close inspection, such as the examination of the member's lawsuit and the first test of the heart, or conduct an accurate inspection by transferring the victim to a higher hospital, based on the results of the inspection.