의료법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 5,00,000 won, and by a fine of 2,00,000 won.
1. The summary of the grounds for appeal is that Defendant B, a doctor, established and operated entirely, and Defendant A received basic benefits and performance-based rates while taking charge of administrative affairs of the above hospital as employees employed by Defendant B. While Defendant A employed Defendant B, Defendant A did not establish and operate “E” by establishing and operating the said hospital, or Defendant B was employed by Defendant B, the lower court found Defendant B guilty of the facts charged in the instant case. In so determining, it erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that affected the conclusion of the judgment.
2. Before the judgment on the grounds for appeal by the Defendants’ ex officio based on the addition of the selective facts charged, the Prosecutor examined ex officio prior to the judgment on the grounds for appeal by the Defendants. In the first instance trial, “Article 87(1)2 and Article 33(2)1 of the Medical Service Act,” and “Article 30 of the Criminal Act,” as selective applicable provisions to the Defendants, were added to the Defendants as selective facts charged, and “criminal facts” under the below were added to each of the selective facts charged against the Defendants. As such, the judgment of the court below was no longer maintained.
This Court found the Defendants guilty of the additional selective charges as shown below. Accordingly, it does not render a separate judgment as to the Defendants’ assertion of mistake of facts or misapprehension of legal principles.
(4) The judgment of the court below shall be reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below shall be reversed in accordance with Article 364(2) of the Criminal Procedure Act, on the ground that there is a ground for ex officio reversal as seen above, and thus, the judgment of the court below shall be reversed in accordance with Article 364(2) of the Criminal Procedure Act.