의료법위반
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor on the gist of the grounds of appeal (misunderstanding of the facts), the defendant can be found to have received money in return for prescribing the drugs manufactured by J (hereinafter “J”) from K, a business employee of J (hereinafter “J”).
In other words, K's prosecutor's office and legal statement that offered rebates to the defendant are reliable.
2. The lower court determined based on the evidence duly adopted and examined as follows.
K Prosecutions and court statements are consistent with the facts charged in this case.
However, the prosecutor's and the court's statements are inconsistent with the statement that K did not accept the defendant's "I member" at the first police investigation stage; ② it is difficult to obtain the grounds for the reversal of the statement; ② it is not possible to reverse the statement in order to mitigate criminal liability against the defendant's arbitrary use of the money received as the fund for rebates; ③ the contents of the K's statement on the name of the offering of rebates and the terms and conditions of the payment of rebates are inconsistent with objective circumstances; ④ The statement of K is inconsistent with the statement of P which made the payment of rebates to K as the representative of L, and ④ there is a difference from the statement of P which made the payment of rebates to the defendant.
Other evidence submitted by the prosecutor also is difficult to believe it is, or it is insufficient to recognize the facts charged in this case.
The evidence produced by the prosecutor alone proves that the facts charged in the instant case were proven without reasonable doubt.
In short, there is no other evidence to acknowledge this, the defendant shall be acquitted.
Such determination by the lower court is justifiable even if it is in the above trial, and thus, the prosecutor’s assertion is not accepted.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.