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(영문) 대법원 2021.01.28 2020도15830
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “free-licensed medical practice” under Article 5(1) of the Act on Special Measures for the Control of Public Health Crimes, and Article 27(1) of the Medical Service Act.

Article 27 (1) of the Medical Service Act cannot be seen as a unconstitutional provision that violates the principle of clarity and the principle of excessive prohibition just because the defendants asserted.

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

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