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(영문) 서울고등법원 2012.11.22 2011노3507

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. According to the records of this case, the following facts are recognized:

A. ① The Defendant, as a police officer, was dismissed from office in 199, while serving as a police officer in AM police station in 199, and then became the president of Q2 Co., Ltd., a film company.

The defendant was indicted for committing a crime of receiving five million won or more as a bribe at the time when he worked at the Jeonnam Local Police Agency N branch, and was sentenced to a suspended sentence (six months of imprisonment) on June 13, 200.

② G has completed AP medical department, a graduate school of the AP medical college of the United States, after completing AO university’s course of radiation therapy, and has been operating a sex general hospital in Seoul from June 5, 191.

10 pages 10 of evidence record No. G seems to have frequently caused medical accidents due to the relationship with which the original major was not sexually heavy.

As a result, it was difficult for some patients to get injured or high-amount of damages.

Evidence No. 1, 95 pages, No. 4, 1,794-1,804 pages.

On Aug. 22, 2002, G filed a complaint against H and I with the F Hospital located in Gangdong-gu Seoul Metropolitan Government on Aug. 2, 2002. ① In the course of performing the operation for the extension of basin on I, G caused by a waterway I to suffer three percent of the number of treatment days on the back part of the left buckbucks, and I suffered a picture with the number of treatment days on the back part of the treatment day. After the operation, I did not find out the fact that I suffered a video because I did not properly examine the state of I's body after the operation. On the same date, I conducted medical treatment at the same place on the 23th of the same month following the following day, and found I suffered the video at the degree of injury of I, while I did not properly examine the state of his body, I went off with the symptoms of 2.3 degrees video, and in the case of video with three degrees, I continue to provide a picture with the symptoms of 20 degrees and 20 degrees, despite the need for treatment.