의료법위반
The Prosecutor’s appeal against the Defendants is dismissed.
1. The summary of the grounds for appeal (in fact-finding and misapprehension of legal principles) and medical personnel may be the subject of “inducing” under Article 27(3) of the Medical Service Act. The act of exempting or discounting the individual’s charges under Article 27(3) of the Medical Service Act constitutes “an act of introducing, mediating, or inducing a patient to a medical institution or a medical person for profit-making purposes” prohibited under the same Article, and thus, if the hospital employees inviting family members and family members, thereby exempting or discounting the patient’s charges to be borne by the patient in the process of receiving medical treatment at the hospital, the substance is the benefit of the patient and constitutes an inducement prohibited under Article 27(3) of the Medical Service Act
Therefore, even if the facts charged against the Defendants were found guilty, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.
2. The lower court rendered a not guilty verdict on the Defendants of the instant facts charged while sufficiently explaining the grounds for the determination.
Examining the evidence duly adopted and examined by the court below in light of the records and legal principles, since the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the Defendants, the court below found the Defendants not guilty of the facts charged in this case as alleged by the prosecutor to the same purport, and did not err in misapprehending the legal principles as otherwise alleged
Therefore, prosecutor's assertion is without merit.
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.