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(영문) 서울서부지방법원 2017.12.14 2017노227
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A was found to have received KRW 1 million from AG around September 2013, and KRW 1.5 million around April 2014 from 2013. However, as stated in the facts charged in the instant case, Defendant A received KRW 8,908,000 in total in return for the prescription of the drugs for the strikeing from A and AG as stated in the instant facts charged.

(2) The sentence against Defendant A who is unfair in sentencing (an amount of KRW 5 million) is too unreasonable.

B. Defendant B (misunderstanding of the facts) did not receive KRW 8.76 million in return for the prescription of the drugs to be filled from AD and AG as stated in the instant facts charged.

(c)

Defendant

C (1) In the lower judgment against Defendant C by misapprehending the legal doctrine, the part of KRW 2040,000,000 delivered from AG around February 2, 201, which was delivered from around February 201, was completed 5 years after the date of the act.

(2) The sentence of the sentence against Defendant C, which is unfair in sentencing (an amount of KRW 15 million) is too unreasonable.

(d)

Defendant

Defendant E (misunderstanding of facts) did not receive KRW 5 million in return for the prescription of salking drugs from AG from salking business employees as stated in the instant facts charged.

E. Defendant F did not have received KRW 3.2 million each in return for the prescription of the protruding drugs, such as the No. 1 and No. 2 of the judgment below, from Defendant F, in return for the prescription of the protruding drugs, from Defendant F (1).

(2) In the judgment below against Defendant F by misapprehending the legal principles, the part of KRW 3.2 million delivered by AA around February 201, which was set forth in the table of crime Nos. 1 and 3.2 million was completed after the lapse of five years from the date of the act.

(3) The sentence imposed on Defendant F with regard to an unfair sentencing (an amount of KRW 5 million) is too unreasonable.

F. Defendant G (1) misunderstanding the facts charged by Defendant G received total of KRW 2,360,000,000 from AA, as shown in the instant facts charged, as in the sequence 1 through 5 of the lower judgment.

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