의료법위반
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of KRW 10,000,000.
3. The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended sentence, one million won of fine) is too unreasonable.
2. The determination of medical practice is closely related to human life, body, or general public health, and it is necessary for the public interest to permit only to meet strict qualifications, such as high level of professional knowledge and experience. In the same context, the Medical Service Act establishes a sound medical order and strictly limits the license to establish a medical institution in order to prevent risks to national health that may occur when a medical institution is established for profit-making purposes, to medical personnel with medical expertise or to persons with public nature. The instant crime was committed in cooperation in operating the B-affiliated hospital by being employed by the Defendant to receive monthly salary and lending his name, etc., and thus, the crime is not weak in light of the legislative intent of the Medical Service Act as seen earlier.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; (b) the first offender without any criminal records; (c) closed down the instant hospital around November 22, 2013; and (d) other circumstances constituting the conditions for sentencing specified in the instant records and pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable.
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 87 (1) 2 of the Medical Service Act applicable to the relevant criminal facts and Article 87 (1) 2 of the option of punishment;