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(영문) 청주지방법원 2013.05.09 2012노955

사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 30,000,000.

Defendant .

Reasons

1. The summary of the grounds for appeal (for defendant B, one year of imprisonment, two years of suspended execution, two years of social service, two years of suspended execution, two years of suspended execution, two years of suspended execution, and two hundred and twenty-five hours of social service) of the lower court is too unreasonable;

2. Determination

A. Since the Defendant’s intent to determine the part on Defendant B is in the gap of roles and responsibilities with respect to all matters that occur in the space of hospital, the Defendant himself seems to be well aware of the fact that, with respect to the remaining crime of this case which resulted in the occupational awareness as such doctor, the Defendant himself/herself is also aware of the fact that he/she committed the crime of this case.

However, the defendant seems not to have repeatedly engaged in medical treatment at the same scale as the hospital of this case. The defendant does not seem to have actively recommended the hospitalization while treating patients. Rather, the office chief or nurse of the hospital of this case actively recommended the hospitalization of patients, and the fact that the outing or staying outside of the hospital of this case is free, and the defendant's participation in the crime of this case is relatively minor, and the defendant was employed in the school by means of job placement advertisement without any particular personal relationship with the hospital of this case. The defendant was not involved in the operation of the hospital of this case, and was not ordinarily receiving any benefits above the monthly salary, and it seems that the average commuting of the hospital of this case and the number of patients and the number of patients who were admitted to the hospital of this case could not have been able to cope with the crime of this case.