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(영문) 대법원 2021.5.6. 선고 2021도1769 판결

가.보건범죄단속에관한특별조치법위반(부정의료업자)나.의료법위반

Cases

2021Do1769(A). Violation of the Act on Special Measures for the Control of Public Health Crimes

(b) Violation of the Medical Service Act;

Defendant

B

Appellant

Defendant

Defense Counsel

Law Firm LLC, Attorneys Park Yong-ok, and Park Jong-sung, et al.

The judgment below

Incheon District Court Decision 2020No2371 Decided January 15, 2021

Imposition of Judgment

may 6, 2021

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court upheld the first instance judgment convicting the Defendant of the charges. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “medical act” under Article 27(1) of the Medical Service Act, “medical act” under Article 5 of the Act on Special Measures for the Control of Public Health Crimes, “for profit-making”

In addition, the argument that the court below erred in the misapprehension of legal principles as to a legitimate act is not a legitimate ground for appeal, since the defendant's ground for appeal is the ground for appeal, or the court below did not consider it as being subject to an ex officio decision.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges

Justices Kim Jong-hwan

Justices Ansan-chul

Justices Noh Jeong-hee