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(영문) 서울서부지방법원 2015.11.12 2015노1247
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (a fine of 6 million won is imposed on the Defendants A, and a fine of 10 million won is imposed on the Defendants C) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendants have been aware of a mistake by the Defendants; (b) Defendant A has no criminal history; (c) Defendant C has no record of being subject to punishment exceeding the fine; and (d) the discontinuance of the hospital employed by the Defendants was closed down.

However, medical practice is closely related to human life, body, or general public health, and it is highly necessary for the public interest to permit only to meet strict qualifications, such as high level of professional knowledge and experience. In the same purport, the Medical Service Act establishes a sound medical order and strictly limits the license to establish a medical institution to prevent risks to people's health, which may occur in the event of the establishment of a medical institution for profit-making purposes, to medical personnel with medical expertise or persons with public character. The crime of this case was committed by the Defendants in cooperation in operating the "office-general hospital" under the name of B, such as being employed by the Defendants from the unqualified B, and lending their names. In light of the legislative intent of the Medical Service Act as seen earlier, the liability for the crime of this case is not easy in light of the legislative intent of the Medical Service Act, etc., and Defendant C committed again the crime of this case even though there was a history of punishment for the same

In addition, taking account of the Defendants’ experience, character and conduct, environment, family relationship, motive and background of the crime, degree of participation in the crime period, size of benefit gained from the crime, circumstances after the crime, etc., various sentencing conditions indicated in the records and arguments, it cannot be deemed that the lower court’s punishment against the Defendants is too unreasonable.

3. Thus, the defendants' appeal is justified.

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