medical conducts, especially surgeries, were invasive procedures with potential possibility of injury. the positive values of medical conducts called for non-criminalization. to that aim, it was necessary to design “medical exception” in criminal law. the theoretical basis of “medical exception” was “consent” defense theory in criminal law. “medical exception” was only applicable to conduct which was beneficial to patients and had a therapeutic purpose. with social values updated, “medical exception” would apply beyond therapeutic medical procedures.