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(영문) 서울동부지방법원 2016.11.03 2016노591
의료법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Compared to the facts charged in this case, the Defendant ordered five patients at a discount, as indicated in the facts charged in this case, but this was performed at a temporary dental clinic opening commemorative event for two weeks. Thus, the Defendant’s act does not constitute “inducing a patient” as stipulated in Article 27(3) of the Medical Service Act, which is an act significantly detrimental to the order of the medical market. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine was examined. The same year from June 19, 2015 as indicated in the instant facts charged.

6. From 30 until 30, it can be recognized that five patients received 5,00 won from the patient at a discount of 14,000 won of the patient's own charges for the removal of tiny treatment. Article 27 (3) of the Medical Service Act provides that "any person shall not introduce, arrange or induce patients to medical institutions or medical personnel for profit, such as exempting or discounting the patient's own charges under the National Health Insurance Act or the Medical Care Assistance Act, offering money, etc., or providing transportation to many and unspecified persons, etc., and conduct any act of mediating, arranging, or inducing patients to do so." The part of which the defendant conducted the removal of tin against the patient and discounted the expenses for the patient is obvious that the defendant's act constitutes a violation of the Medical Service Act under a discount on the patient's own charges.

On the other hand, the defense counsel fundamentally undermines the order of the medical market.

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