의료법위반
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
1. The summary of the grounds for appeal asserts that with respect to the punishment (one year and six months of imprisonment) declared by the court below against the defendant, the defendant is too unreasonable, and the prosecutor asserts that it is too uneasible and unjust.
2. The determination of medical practice is closely related to human life, body, or public health, and thus requires public interest only to be permitted to meet strict requirements, 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 qualification to establish a medical institution to prevent risks to public health, which may occur when a medical institution is established for profit-making purposes, to medical personnel with medical expertise or persons with public nature. Each of the crimes of this case is that the Defendant established a medical institution under the name of a medical person for the purpose of pursuing profit-making, and it is necessary to punish the Defendant significantly in light of the form of such act, the number, size, establishment period, etc. of an illegal medical institution.
However, all of the crimes of this case are recognized by the defendant in the trial, and it is against the defendant's depth through confinement life for more than 10 months, the defendant did not have any record of criminal punishment before, nor would the defendant repeat the crime. The profits of the hospital established by the crimes of this case are used in repayment of the principal and interest of investment, payment of wages, expenses for hospital operation, etc., and the defendant's actual profits from each of the crimes of this case are considered not to be significant. Among the illegal established hospitals of this case, Qvalescent hospitals, AAconvalescent Hospital, AE convalescent Hospital, AE convalescent Hospital, and AM Hospital are designated as an emergency priority management medical institution.