beta
(영문) 대구지방법원 2015.11.19 2014노4720

의료법위반

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have a misunderstanding of facts against F, as stated in the judgment of the court below.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is a person who served as a salesperson in D Co., Ltd., a cosmetic or a multi-level sales company for functional health foods.

On June 2013, the Defendant, in the office of the above D Daegu branch office located in Seogu, Daegu-gu, Daegu-gu, 2013, tried to induce unspecified customers to purchase “bloods” (the method of treating them by cutting away their bad scores) at KRW 10,00,00, or to purchase the books at KRW 10,000,00, or to purchase the health foods sold at the above office.

Around July 9, 2013, the Defendant: (a) around July 9, 2013, at the Morse room of the above office, knee-knee-knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

B. The court below found the defendant guilty of the facts charged of this case, on the following grounds: although there is a direct evidence corresponding to the facts charged of this case, F and G statements in F and G are hard to believe them as they are in doubt of credibility as follows; the remaining evidence submitted by the prosecutor alone cannot be deemed to have been proved to the extent that there is no reasonable doubt that the defendant conducted a medical act by blooding in F's knee, and on the day of this case (B, H, I et al. are true that the defendant conducted a blood transfusion, but it is nothing more than the defendant's knowledge of whether he conducted a blood transfusion against F on the day of this case). However, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

1.F.