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(영문) 서울서부지방법원 2013.12.12 2013노829

의료법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. Of the facts charged in the case of mistake of facts, the medical advertisement of “hump high-tech medical facility” is a medical advertisement prohibited under the Medical Service Act by using the expression “a hospital level” and “hump high-tech medical facility,” which used the expression “a hospital level” and “hump-tech”, which used the expression “a hospital” and “hump-tech,” which used the expression “hump medical treatment identical to that of “a hospital,” not “a hospital,” not “a hospital,” and which used the expression “hump-tech” to provide medical treatment at the same level as “a hospital,” and thus, constitutes a medical advertisement

B. The sentence imposed by the court below on the Defendants (the suspended sentence of a fine of KRW 300,00,000) is an unreasonable sentence.

2. Judgment on mistake of facts or misapprehension of legal principles

A. The summary of the facts charged is a dentist who jointly runs the “E dental clinic” under Article 301 of the Mapo-gu Seoul Metropolitan Government D 301, and the Defendants conspired to run the “E dental clinic” from May 24, 2012.

9. Until November 1, 200, an advertisement was made on E and Internet Blogs and website with the content of “a promise to cause a severe and severe injury to a hospital-level high-tech medical facility” and that is likely to mislead consumers.

B. Under the Medical Service Act, a medical institution in the judgment of the court below is classified into (1) the clinic, (2) the dental clinic, (3) the midwifery clinic, (2) the hospital, (2) the hospital, (3) the hospital-level medical hospital, (2) the hospital, (2) the hospital, and (3) the hospital-level medical institution, and (3) the hospital, and (2) the establishment standards by each medical institution, and (3) the medical institution is established by each medical institution. The medical institution is prohibited from using any name other than the name according to the type of medical