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(영문) 서울남부지방법원 2013.09.27 2013노1023

의료법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Comprehensively taking account of the evidence presented by the Prosecutor as to the gist of the grounds for appeal, Defendant A can be acknowledged as having lent only the name of the prosecutor, and Defendant B, C, and D actually established the hospital.

2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

In light of the records and records, the court below's determination that Defendant B, C, and D, a non-medical person, were acquitted of all the charges against the Defendants on the ground that it is not sufficient to recognize that the evidence submitted by the prosecutor was dealt with in the management of the hospital of this case, the conduct of medical business, the raising of necessary funds, the operation of the hospital of this case, and the reversion of the management performance of the hospital of this case. The court below's determination that all the charges against the Defendants is proper, and there is no error of law of misunderstanding of facts as pointed out by the prosecutor in the grounds for appeal. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.